ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Criminal procedural policy as a formation factor of modern criminal procedure concept

Criminal procedural policy as a formation factor of modern criminal procedure concept

Pages: 11-17
Year: 2016
Location: Pravova Ednist Ltd

Review

The article describes the main trends of contemporary criminal procedural policies that are fundamental to the formation of an adequate understanding about concept of modern criminal procedure. Those directions are: humanization, that at the level of law-enforcement activity accounts for achieving optimal (reasonable) balance private and public interests in solving various problems of the criminal proceedings with the greatest possible protection of rights of the trial participators (avoiding the use of harsh measures every time there is the opportunity to solve the problem of criminal proceedings with minimal restriction of individual rights); paying in a legal state special attention to the presence of high procedural mechanisms, including detailed normative algorithmic procedures of making criminal procedural decisions and requirements to its content and form; adversarial as a modal element of a new ideology of criminal procedure (increase compliance value while making criminal procedural decisions requirements of justification and motivation). An essential attribute of criminal procedural decisions argument, which are adopted in the course of complex (competitive) procedures, guidance is in the text of these decisions detailed assessment of the parties' arguments that they were expressed (orally or in writing) on ​​the cours of the legal issues, resolved in a particular decision.

Keywords: criminal procedural policy, concept, modern criminal procedure, law-enforcement activity, criminal procedure decisions, humanization. 

Criminal procedural policy as a formation factor of modern criminal procedure concept