Due process in code enforcement as criminal procedural task: to the issue on essence and practical use
The essence of due process as a task of criminal proceedings. The genesis of the concept of "due process" in the legal system of England and the United States as a guarantee of prevention of arbitrariness of power. Author's definition of the concept.
| Рубрика | Государство и право |
| Вид | статья |
| Язык | английский |
| Дата добавления | 13.07.2021 |
| Размер файла | 31,9 K |
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Conclusions
The scientific novelty of the research is that the author provided his own definition of the concept of due process, performed a comparative legal analysis of the formulations of the tasks of criminal proceedings in the context of ensuring the due process of law, proposed the division of tasks of criminal proceedings enshrined in Art. 2 of the CPC into general tasks and tasks-guarantees, the importance of the application of due process and the list of institutions, which are intended to formalise the content of the due process in criminal proceedings, were indicated. The relevant provisions can be summarised as follows:
- it was found that the application of due process as a task of criminal proceedings in 2012 replaced the previous wording, which had been in force since 1961 - to ensure the correct application of the law as a task of criminal justice;
- the application of due process is a safety-barrier that limits the general purpose of criminal proceedings - to ensure prompt, complete and impartial investigation and trial;
- the application of due process contributes to overcoming the gaps and conflicts of law. Compliance with the actual content of law enforcement activities with due process of law is a genuine rule of law in the state.
Determining the practical significance of this study, the author considers it necessary to point out that the science of jurisprudence is always aimed at asserting the rule of law, justice in reality; moreover, the most general concepts - categories - of the theory of law are those pillars of the universe of law, which underpin all the activity of law enforcement. Such effectiveness is most desirable in the field of criminal procedural law, since it depends on it as an effective guarantee of the inevitability of punishment for a criminal offence, compensation for harm to victims and society, as well as nonexceedance, proportionality and validity of the rights or freedoms of any person in the course of criminal proceedings. At the same time, the concept of due process is the primary basis from which criminal proceedings should begin and be continuously carried out. In the framework of this study, an attempt was made to determine the essence of the due process of law, which should assist Ukrainian law enforcers in ensuring the effectiveness of criminal proceedings.
References
due process criminal proceedings
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