Мethodological basis of decisions in criminal proceedings
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
The problem of decision making is considered one of the most significant for all branches of knowledge that are engaged in the study of social systems. Within the framework of socio-economic systems, a decision is the result of the analysis, forecasting, optimization and selection of alternatives from a variety of options for achieving a specific goal. The solution is the choice of a specific combination of goals, actions aimed at achieving this goal, and how to use existing resources. The process of making and implementing criminal procedural decisions must be based on its theoretical foundations and conditions of activity in a particular criminal case, which contains its own characteristics, due to the specificity of practical work. The theoretical foundations of decision making in criminal proceedings include the study of the social and legal nature of decisions, factors acting in the decision-making mechanism, decision-making stages, the criterion for the selection of appropriate decisions, the qualities of those legal acts in which the decision is expressed. The urgency of the problem under study is due to the need to ensure the legality, validity and motivation of criminal procedural decisions. The basis of solving the problem of adopting and implementing criminal procedure is a system-activity approach and methodological provisions of the theory of decision making, which allowed to identify patterns in the process of making and implementing criminal procedure decisions made by a representative of the bodies conducting the criminal process and other participants in the process. The system of principles of decision making by the subject of criminal procedure is presented, the levels and stages of the adoption and implementation of the procedural decision are highlighted. The effectiveness of the implementation of a procedural decision is influenced by many objective and subjective factors. The theoretical basis of the article consists of monographic studies of criminal procedure and criminalistics on investigative and judicial actions, participation in criminal proceedings
Authors and Affiliations
M. T. Abzalbekova
Keywords
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- EP ID EP574707
- DOI 10.31733/2078-3566-2018-5-104-110
- Views 124
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