Issues of the system and content of the principles of criminal justice in the works of the professors of the Department of Criminal Procedure Law of the MSAL

Abstract

Since the very first years of the work of the Department of Criminal Procedure Law, the scholars of ALCI-MLI-MSAL have been engaged in scientific development of issues of the concept, system and content of principles of criminal justice. The works of the professors of the Department are devoted to the analysis of modern principles of criminal justice. Prof. Orlov criticizes the confusion of the purpose of criminal justice and its principle because the purpose means the result that the system aims to achieve, whereas principles are fundamental provisions or means that govern the achievement of purposes. Analyzing the adversarial principle, he defends the active role of the court in the process of collecting and examining evidences, but he objects to providing the defense with the right to conduct "parallel investigation". Prof. Voskobitova points out that the principles of criminal justice must also include the principle of fair trial, the principle of publicity and the principle of access to justice ensured by the state. The adversarial nature of the proceedings does not contradict to the discretion of the court to consider the circumstances of the case due to the new role of the court in modern conditions. The court ensures self-limitation of states in accordance with the law, it controls and deters within the framework of the law government agencies that administer criminal justice. The realm of scientific interests of Prof. Volodina includes the mechanism of ensuring the rights of individuals during criminal proceedings, where principles of due process play a very important role. Prof. Volodina pays a lot of attention to the principles of rule of law, establishing the truth in criminal proceedings, publicity, adversarial nature of criminal proceedings and their interaction. Prof. Maslenikova was the first scholar in the theory of criminal procedure who defined the concepts "public principle", "private principle", "discretionary principle", to disclose their content, to disclose the nature and define the principle of publicity and the principle of the free exercise of substantive and procedural rights by the parties to legal proceedings. It is shown that the content and the balance of public and discretionary principles in criminal proceedings are formed on the basis of constitutional principles applied as the system of values.