Social value of Russian criminal procedure law in modern conditions: compensatory approach

Svetlana Kurbatova

doi:10.1051/shsconf/202213400003

Abstract

The paper addresses some aspects of the compensatory approach in criminal proceedings in the context of the social value of law, which is critical in ensuring the rights and interests of participants with disabilities in criminal proceedings. The legal mechanisms established in criminal proceedings should aim at ensuring equal conditions for all participants in criminal proceedings in terms of access to legal and fair justice. The author believes that there is a need to draw attention to the legal status of participants with disabilities in criminal proceedings. It is necessary to recognize socially vulnerable categories of persons (persons with disabilities) as the participants with special legal status in criminal proceedings. A compensatory approach should also be adopted in the implementation of the legal regulation of the participation of such persons in criminal proceedings. It is necessary to “reach”, “raise” the possibility of exercising their procedural rights to the level of other participants. The procedural mechanism should contain a list of general and special rights and obligations of these persons, as well as guarantees for their implementation. This approach is compensatory and reflects the social value of law in criminal proceedings. The author considers the consolidation of the compensatory approach as the realization of the idea of a social state and international socially significant values to ensure equal and fair criminal proceedings.

Highlights

There is a steady global trend towards increasing the value of law in general and mechanisms for regulating relationships involving persons with disabilities
In traditional social fields, such as health, social security and education, these processes are more intensive and obvious, but in the field of criminal proceedings this transformation is quite slow [1]. This was the result of the development of the concept of a social state, the realization of the social value of law [2, 3], the consolidation of new socially significant ideas in international legal norms, which entailed a change in the modern understanding of the social essence of the rule of law [4,5,6]
The role of the criminal procedure law is most pronounced in ensuring the rights of participants in criminal proceedings and establishes the mechanisms for their implementation

Summary

Introduction

There is a steady global trend towards increasing the value of law in general and mechanisms for regulating relationships involving persons with disabilities. In traditional social fields, such as health, social security and education, these processes are more intensive and obvious, but in the field of criminal proceedings this transformation is quite slow [1]. This was the result of the development of the concept of a social state, the realization of the social value of law [2, 3], the consolidation of new socially significant ideas in international legal norms, which entailed a change in the modern understanding of the social essence of the rule of law [4,5,6]. General international legal provisions on the legal status of persons with disabilities should be developed and implemented in national criminal procedure legislation [7, 8]

Objectives

Results

Conclusion