Отказ от субъективного права как проявление диспозитивности в отечественном уголовном судопроизводстве: история и современность

Abstract

Relevance. The rejection of subjective law as a form of manifestation of dispositivity is a new category for the Russian criminal procedure doctrine, the study of which is impossible without a thorough understanding of the pre-requisites for its occurrence, taking into account specific historical conditions. The study of the evolution of the legislative regulation of the rejection of subjective law allows us to trace how many steps forward the Russian legislator has made on the way to providing participants in criminal proceedings with the opportunity to protect their rights and interests, what adjustments the current state of criminal proceedings requires. The purpose of the research is to gain knowledge about the stages of the origin of the phenomenon of rejection of subjective law, the creation of theoretical prerequisites for further research of its legal nature, forms and methods of implementation, the development of improving the mechanism of legal regulation. Objectives: based on the analysis of the provisions of the criminal procedure law of the Soviet and post-Soviet period, to investigate the process of the origin of the rejection of subjective law in the criminal process of Russia, to identify the impact of political and socio-economic transformations on its development. Methodology. The methodological basis of the research is the provisions of the general scientific dialectical method of cognition of the surrounding reality in its connection and interaction, the general scientific system approach. In the course of the work, formal legal and historical methods were used. Results. The criminal process of modern Russia, unlike the one that existed earlier, is built in accordance with the constitutional provision on the priority of individual rights. The phenomenon of rejection of subjective law occupies an important place in the system of guarantees for ensuring the rights and legitimate interests of participants in criminal proceedings. Conclusion. The fundamental transformations that took place in Russia at the end of the last century in political and public life naturally affected the entire legal system and, among other things, had a great impact on the sphere of criminal proceedings. Dispositivity has become one of the key legal ideas, and the rejection of subjective law, as a form of its manifestation, has taken its due place in the system of regulation of criminal procedural relations.