Abstract

The modern era requires updating the foundations of the theory of criminal law and process, taking into account the changing political and legal context. An urgent task for criminal law sciences is the development of an integrative general doctrine of what constitutes state legal counteraction to crime in its structure and activities. There are attempts to strengthen the statist essence of the Soviet teaching on the mechanism of criminal legal regulation. It is important to resist the temptation to present the state as some kind of enforcer of the criminal law, and to reduce the role of the criminal process to a form (ritual). Тhe procedural impact in criminal law should be strengthened. The idea of the rule of law must be embodied in the concept of a criminal procedural legal organization, in which the development of criminal legal influence on a specific criminal and crime takes place. The state, whose judicial and prosecutorial powers are separated, counteracts crime through the development of a means of criminal legal influence on the perpetrator of the crime through adversarial criminal proceedings.

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