The purpose of criminal proceedings as a strategic factor in the organization of criminal procedural activities
Journal Title: Правова позиція - Year 2018, Vol 1, Issue
Abstract
In the article on the basis of the conducted analysis of scientific sources, positions of evidence theory, criminal judicial legislation of Ukraine, grounded role of purpose of the criminal legal proceeding as a system-forming factor in criminal- procedural activity. The author comes to the conclusion that in spite of the obvious relevance of the research of the category of the goal in the context of the self-determining factor in the organization of criminal process activity, this problem remains not exposed in domestic scientific sources. In particular, it did not become the article of the special researches, getting only fragmentary, nonsystem illumination in connection with the decision of other judicial questions. Probing positions of scientists from the article of research, in the article it is suggested to classify positions of processionalists on two groups. the author critically estimates the views of those processionalists, whom determine the purpose of criminal process from the point of view to him as on a form and mean of setting and implementation of criminal punishment the state, critically. At the same time, grounds a requirement in perfection of modern decision of purpose through more complete reflection in definition of protective and defense function of criminal process. On the basis of it the author decision of purpose of criminal process is offered, basic directions of research of it are certain cross-correlation connections.
Authors and Affiliations
М. І. Костін
Keywords
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- EP ID EP600646
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