Legality and reasonability in criminal process
Journal Title: Юридические науки и образование - Year 2018, Vol 56, Issue 56
Abstract
An issue of reasonability in law appears due to the fact that laws have a common nature, covered with it regulating in generalised, abstractive form a certain kind of generalised relationships, establish common rule of behaviour. Social value, sense of the law is namely concluded in this generalised rule. Law and discretion at its application are the two sides of legal regulation of the social life, which needs in a certain combination, where the law has a leading role as the basis of legality and investigatory (court) discretion. Therefore, legal norms, which regulate an activity of fight against crime, should be enough concrete and flexible.
Authors and Affiliations
Alexander Baranov
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