Specification in the Soviet Law of Ensuring by the Court the Right of the Defendant to Protection in His Right to Questions in Interrogations

Abstract

The object area of the study is the legal relations considered in the related normative construction of the principle of ensuring the right of the defendant to defense and his subjective right to questions in judicial interrogations, which arose on the basis of the Criminal Procedure Code of the RSFSR of 1960. As the main method, normative scaling is used, based on the axiom of the normative similarity of different-sized legal constructions (the normative principle of ensuring the right of the defendant to defense and a separate rule on the right of the defendant to questions in court interrogations). As a result of the study, the following conclusions are formulated. The implementation of the normative invariant that existed in the rule on ensuring the defendant’s right to personal defense by the court in the form of his use of questions during judicial interrogations did not have a complete concretization in the institute of questions during judicial interrogations. The large-scale normative object (the principle of criminal procedure) did not show full similarity in the rules on the questions of the defendant in judicial interrogations. The absence of a complete similarity between the principle of ensuring the right to defense and the defendant’s right to questions may indicate a conflict of laws in the bilateral structure of legal relations (the defendant has the right, and the court is obliged to ensure this right), the need to consider the application of a tripartite model of legal relations in the current criminal procedure law, in which the court»s duty will be presented differently.