SYSTEMIC-INSTITUTIONAL APPROACH TO SOLVING THE PROBLEMS OF PREJUDGEMENT IN THE CRIMINAL COURT PROCEDURE

Objective: to consider the historical and legal aspects of the use of prejudgement in the criminal procedure and to allocate its characteristic fea- tures as of a systemic object; to disclose the key system elements of the mechanism of legal regulation of prejudgement in the criminal procedure. Meth...

Full description

Saved in:

Bibliographic Details
Published in:	Russian Journal of Economics and Law no. 3; pp. 230 - 237
Main Author:	B. R. Burganov
Format:	Journal Article
Language:	English
Published:	Tatar Educational Center “Taglimat” Ltd 01-09-2015
Subjects:	criminal law criminal proceedings parties to the proceedings prejudgement institution systemic-institutional approach
Online Access:	Get full text
Tags:	Add Tag No Tags, Be the first to tag this record!

Description
Summary:	Objective: to consider the historical and legal aspects of the use of prejudgement in the criminal procedure and to allocate its characteristic fea- tures as of a systemic object; to disclose the key system elements of the mechanism of legal regulation of prejudgement in the criminal procedure. Methods: the basis of the research was historical-legal method and systemic-institutional approach to the analysis of regulatory processes, as well as special and private law research methods, elements of structural-functional approach with formal logical analysis.Results: the evolution is shown of formation and development of the prejudgement institution; the necessity is grounded of systemic-holistic analysis of prejudgement legal regulation in the criminal procedure. According to the author, it is a systematic approach that will allow to create the effec- tively functioning prejudgement institution. The article investigates the content side of the prejudgement institution in the criminal-procedural law. Scientific novelty: for the first time, the article discusses the prejudgement institution as a system of interrelated elements. In this context, the substantial side of this system is characterized.Practical significance: the research results and conclusions can be used in research, legislative and applied activity for the effective application of the principles of prejudgement opportunities in the criminal procedure.
ISSN:	2782-2923