CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURE
The article discusses the reasons for choosing convergence, that is, the approximation of criminal procedural law with arbitration procedural law, civil procedural law and administrative procedural law as a way to solve historically accumulated and newly emerging problems of criminal justice. Purpos...
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| Format: | Article |
| Language: | English |
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Bashkir State University
2023-10-01
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| Series: | Правовое государство: теория и практика |
| Subjects: | |
| Online Access: | https://pravgos.ru/index.php/journal/article/view/831 |
| _version_ | 1797655935387172864 |
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| author | SHARIPOVA Aliya Rashitovna |
| author_facet | SHARIPOVA Aliya Rashitovna |
| author_sort | SHARIPOVA Aliya Rashitovna |
| collection | DOAJ |
| description | The article discusses the reasons for choosing convergence, that is, the approximation of criminal procedural law with arbitration procedural law, civil procedural law and administrative procedural law as a way to solve historically accumulated and newly emerging problems of criminal justice. Purpose: to identify the possibilities of convergence of procedural law in improving national criminal procedure. Methods: the method of comparative law is the determining method of the research. In addition, general and special methods are applied (analysis and synthesis, logical, special-legal). Results: the large number of differences in the regulation of similar procedural relations in different branches of the procedure does not always have sufficient sectoral justification. The digitalization of law demonstrates the acceptability of the universalization of certain procedural groups of norms according to the models of civil and administrative procedures. The author substantiates the idea of the absence of such a significant substantive specificity of criminal proceedings, which would not allow for direct parallels with other types of proceedings.
The focus of criminal procedure on the application
of criminal law and measures of criminal repression should not lead to the loss of the features inherent in justice as a whole: the adversarial nature of all judicial procedures, equality of evidentiary and other procedural opportunities for the disputing parties, equal opportunity to state in the final court decision the rightness of the prosecution and defense parties. |
| first_indexed | 2024-03-11T17:21:43Z |
| format | Article |
| id | doaj.art-80137eefbefc4b1e9d88fcc5d6225f9e |
| institution | Directory Open Access Journal |
| issn | 2500-0217 |
| language | English |
| last_indexed | 2024-03-11T17:21:43Z |
| publishDate | 2023-10-01 |
| publisher | Bashkir State University |
| record_format | Article |
| series | Правовое государство: теория и практика |
| spelling | doaj.art-80137eefbefc4b1e9d88fcc5d6225f9e2023-10-19T10:38:18ZengBashkir State UniversityПравовое государство: теория и практика2500-02172023-10-01193(73)18719110.33184/pravgos-2023.3.22CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURESHARIPOVA Aliya Rashitovna0https://orcid.org/0000-0003-3254-5577University of Science and TechnologiesThe article discusses the reasons for choosing convergence, that is, the approximation of criminal procedural law with arbitration procedural law, civil procedural law and administrative procedural law as a way to solve historically accumulated and newly emerging problems of criminal justice. Purpose: to identify the possibilities of convergence of procedural law in improving national criminal procedure. Methods: the method of comparative law is the determining method of the research. In addition, general and special methods are applied (analysis and synthesis, logical, special-legal). Results: the large number of differences in the regulation of similar procedural relations in different branches of the procedure does not always have sufficient sectoral justification. The digitalization of law demonstrates the acceptability of the universalization of certain procedural groups of norms according to the models of civil and administrative procedures. The author substantiates the idea of the absence of such a significant substantive specificity of criminal proceedings, which would not allow for direct parallels with other types of proceedings. The focus of criminal procedure on the application of criminal law and measures of criminal repression should not lead to the loss of the features inherent in justice as a whole: the adversarial nature of all judicial procedures, equality of evidentiary and other procedural opportunities for the disputing parties, equal opportunity to state in the final court decision the rightness of the prosecution and defense parties.https://pravgos.ru/index.php/journal/article/view/831operational searchhome inspectioncourt permissionseizure of itemsfederal lawprotocolinstruction |
| spellingShingle | SHARIPOVA Aliya Rashitovna CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURE Правовое государство: теория и практика operational search home inspection court permission seizure of items federal law protocol instruction |
| title | CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURE |
| title_full | CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURE |
| title_fullStr | CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURE |
| title_full_unstemmed | CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURE |
| title_short | CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURE |
| title_sort | convergence of procedural law a perspective for criminal procedure |
| topic | operational search home inspection court permission seizure of items federal law protocol instruction |
| url | https://pravgos.ru/index.php/journal/article/view/831 |
| work_keys_str_mv | AT sharipovaaliyarashitovna convergenceofprocedurallawaperspectiveforcriminalprocedure |