Fight to criminality and criminal proceedings
Journal Title: Юридические науки и образование - Year 2016, Vol 49, Issue 49
Abstract
On the basis of existed law enforcement practice, law making policy in sphere of criminal proceedings and also a public opinion on the key matters of realization of criminal procedure policy is given a critical assessment of the policy of fight to crime. With considering of international legal standards of defence of the rights and freedoms of person in sphere of criminal prosecution and constitutionally declared priority of private interests in activity of the bodies of public power is analyzed an opportunity of usage of criminal procedure mechanisms in order to achieve the aims of combat to crime. It is discovered a core of prevailing of the principle of proportionality at criminal procedure regulation, and also is substantiated an idea that legislatively fixed priority of defence of rights and liberties of person in sphere of criminal prosecution with considering of existed modern situation in area of domestic and foreign state policy does not provide the realization of a concept of fight to crime. It might exceptionally be told on restraining of criminality on socially bearable level. Other side, it cannot assume absolutisation of the idea of defence of human rights as this tendency can hinder insurance of security of vitally significant interests, first all, society and state, without that actual protection of rights and freedoms of a person is presented to be unthinkable.
Authors and Affiliations
Irina Smirnova
Keywords
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- EP ID EP172796
- DOI 10.25108/2304-1730-1749.iolr.2016.49.41-61
- Views 77
- Downloads 0
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