Legal means of procuring the unity application of the criminal procedure law
Study of the system of legal means to ensure the unity of judicial practice. Overview of the theoretical provisions that determine the socio-legal value of the unity of law enforcement practice. Methodological remarks on the unity of judicial practise.
| Рубрика | Государство и право |
| Вид | статья |
| Язык | английский |
| Дата добавления | 07.09.2021 |
| Размер файла | 60,1 K |
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In the authors' opinion, the system of legal means to ensure the unity of application of the law in the field of criminal proceedings consists of a set of interrelated elements:
1. Criminal procedural law that meets the standards of its quality.
2. Judicial decisions - procedural decisions of courts of appeal and cassation, which are valuable guidelines in the interpretation and application of the law.
3. Decisions (rulings) of the Supreme Court that resolve existing differences in judicial practise (controversial issues of law enforcement).
4. Legal regulation of the necessary degree of binding decisions of the Supreme Court and the possibility of derogation from its legal positions by lower courts, as well as the Supreme Court itself.
According to their functional purpose, these tools can be both preventive and restorative. However, most of them perform both functions. Thus, in particular, the decision of the Grand Chamber of the Supreme Court of an exclusive legal problem, although directly aimed at restoring the violated legal regime of legality, nevertheless warns in the future of incorrect application of certain legal norms by judges. Although certain elements are by their nature a variety of others, their separate consideration is methodologically justified given their special functional load in the general process of ensuring the unity of judicial practise.
CONCLUSIONS
The socio-legal value of a single application of the same substantive or procedural rule in such legal relations, first of all, is to exercise the right of everyone to a fair trial, guaranteed by Article 6 of the CPC, and also manifests itself in ensuring a reasonable trial judicial system, minimising corruption risks in the field of criminal proceedings, increasing the level of public confidence in the court and its authority in the state, guided by the rule of law. The system of legal means to ensure the unity of application of the law in the field of criminal proceedings consists of a set of interconnected elements, which are proposed to include the criminal procedure law that meets the standards of its quality; court decisions - procedural decisions of courts of appeal and cassation, which are valuable guidelines in the interpretation and application of the law; decisions (rulings) of the Supreme Court that resolve existing differences in judicial practise (disputed issues of law enforcement); legal regulation of the necessary degree of binding nature of the decisions of the Supreme Court and the possibility of deviation from its legal positions by lower courts, as well as the Supreme Court itself. The allocated legal means of ensuring the unity of application of the law are the direction of their further substantive research in order to formulate scientifically sound proposals for improving the criminal procedure law and the practise of its application.
REFERENCES
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