OPENNESS IN THE SYSTEM OF PRINCIPLES OF CRIMINAL JUSTICE IN RUSSIA
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 2
, 2024
Rubrics: ARTICLES ABOUT CRIMINAL PROCEDURE
Authors:
Type:
Article
Pages:
from
to
Status:
Published
Received:
04.06.2024
Accepted:
05.06.2024
Published:
08.07.2024
Language:
Russian
Keywords:
criminal proceedings; principles of criminal procedure; system of principles; openness; criminal procedure
Abstract (English):
Introduction. A democratic state, like civil society, cannot exist without informing the citizen about the decisions taken by state bodies. The Constitution of the Russian Federation imposes on officials of public authorities the obligation to "provide everyone with the opportunity to familiarize themselves with documents and materials directly affecting their rights and freedoms" (Part 2 of Article 24), and in Part 1 of Article 123 establishes the need for open proceedings in all courts. The Criminal Procedure Code of the Russian Federation in Part 1 of art. 241 also stipulates that proceedings, in particular criminal cases, are open in all courts. Openness, as a subject of research, is a relatively new phenomenon for domestic legal science. At the same time, it should be noted that the openness of criminal proceedings should be considered as part of the constitutional principle of openness of public authorities. The article presents various and even opposing opinions of representatives of the scientific community, in which some advocate the allocation of openness as an independent principle of the criminal process, while others, on the contrary, believe that openness cannot be a principle of criminal proceedings. Focusing on some of the signs, the author formulates an original position on the research topic. Research methods. In the course of the research, a general scientific dialectical method of cognition of the surrounding reality was used, which involves a complete and comprehensive study of phenomena, a systematic approach and a formal logical method. Results. The article analyzes the possibilities of attributing the openness of criminal proceedings to the system of principles available in the criminal process. For this purpose, the main signs and features of the concept of "principle" in the criminal process as a whole have been comprehensively studied, which made it possible to formulate a conclusion about the expediency of attributing openness to the principles of criminal proceedings.
Introduction. A democratic state, like civil society, cannot exist without informing the citizen about the decisions taken by state bodies. The Constitution of the Russian Federation imposes on officials of public authorities the obligation to "provide everyone with the opportunity to familiarize themselves with documents and materials directly affecting their rights and freedoms" (Part 2 of Article 24), and in Part 1 of Article 123 establishes the need for open proceedings in all courts. The Criminal Procedure Code of the Russian Federation in Part 1 of art. 241 also stipulates that proceedings, in particular criminal cases, are open in all courts. Openness, as a subject of research, is a relatively new phenomenon for domestic legal science. At the same time, it should be noted that the openness of criminal proceedings should be considered as part of the constitutional principle of openness of public authorities. The article presents various and even opposing opinions of representatives of the scientific community, in which some advocate the allocation of openness as an independent principle of the criminal process, while others, on the contrary, believe that openness cannot be a principle of criminal proceedings. Focusing on some of the signs, the author formulates an original position on the research topic. Research methods. In the course of the research, a general scientific dialectical method of cognition of the surrounding reality was used, which involves a complete and comprehensive study of phenomena, a systematic approach and a formal logical method. Results. The article analyzes the possibilities of attributing the openness of criminal proceedings to the system of principles available in the criminal process. For this purpose, the main signs and features of the concept of "principle" in the criminal process as a whole have been comprehensively studied, which made it possible to formulate a conclusion about the expediency of attributing openness to the principles of criminal proceedings.
Keywords:
criminal proceedings; principles of criminal procedure; system of principles; openness; criminal procedure
criminal proceedings; principles of criminal procedure; system of principles; openness; criminal procedure
