THEORETICAL AND LEGAL MODEL OF CORRELATION BETWEEN PUBLIC, PRIVATE PRINCIPLES AND INTERESTS OF THE SAME NAME IN CRIMINAL PROCEDURE OF RUSSIA

  • A.Yu. Epikhin
    • Kazan Federal University
  • S.V. Tasakov
    • Chuvash State University named after I.N. Ulyanov
  • E.P. Grishina
    • Russian State University of Justice
Keywords: public principle, private principle, interest, criminal proceedings, justice, participant, procedure, rights and freedoms, personality, legislation, criminal process, value guidelines, legal protection

Abstract

The reform of the political and legal system of the Russian Federation largely affected criminal procedure law, during the revision of the main institutions of which the national-historical and value-based attitudes were thoughtlessly replaced by adversarial-liberal (Anglo-Saxon) ideology, which became the reference point for its reorganization. In this situation, the problems of correlation between public and private principles of criminal proceedings, as well as ensuring a balance of state (public) and personal (private) interests in the situation of refractions through the prism of criminal procedure, have aggravated. The article reflects the results of the conceptual and legal aspects of the correlation, provision, mutual influence of private and public principles of criminal proceedings, as well as the interests of the same name, realized at various stages of the process. The essence and content of these concepts as science-centred categories are revealed, the thesis about the absence of confrontation between them is substantiated, since the public principle, due to its fundamentality, involves in the field of its influence the elements of a private principle, without detracting from the importance of the latter and not hindering their further independent development, including expansion due to the involvement in its field of new value guidelines that need legal protection.

References

Received 2023-09-18
Published 2023-11-24
Section
Jurisprudence
Pages
1040-1046