К. Маркс о собственной форме и содержании в правоотношениях

Abstract

The article shows the importance of legal relations, based on the work of K. Marx “Debate on the order to steal a forest”, in which he clearly raised the question of the independence of legal relations, whether it be criminal law, or criminal procedure, or any other relationship... Any legal relationship has only its own form and content, inextricably dialectically interconnected. This is the true scientific nature of legal relations. Therefore, one legal relationship cannot be made the content of other relationships. For example, it is impossible to squeeze the Chinese procedural procedure into the French procedure without distorting its true essence, while Marx sharply criticizes the position of the Landtag deputies who tried to make the selfish private interest of forest owners the property of state criminal law and criminal procedural relations. According to Marx: “a form is devoid of any value if it is not a form of content”. Hence, the criminal process cannot be considered as a form of criminal law, since then the content of the criminal procedural legal relationship changes, since inevitably then the accused will be identified with the guilty (criminal), and the measures of procedural coercion will be identified with the measures of criminal punishment, and the presumption of innocence will be replaced on the presumption of guilt. In the same way, it is impossible to make operational-search relations the content of criminal-procedural relations and thereby erase the differences between criminal-procedural evidence and operational-search data. At the same time, the very institution of interaction between the investigator and the body of inquiry, carrying out operational-search activities, is important.