graduate student
Russian Federation
UDC 343.9
A dangerous trend is identified in modern domestic criminal procedure. It seems that the system-forming idea of inevitability of punishment will not influence criminal procedure. Thus, this idea will be excluded from the system of ideological foundations of criminal proceedings. This procedure is realized by keeping silent about this idea at the legislative level. The criminal procedure legislation of Russia does not directly mention or even remind about the idea of the inevitability of punishment. There are no mentions of it in Russian laws regulating activities related to legal proceedings. The criminal legislation of Russia is also silent about the idea of the inevitability of punishment. In fact, this idea is officially abolished, since the normative silence about it is an equivalent to a legislative ban. The deliberate silence about this idea in the acting Criminal Procedure Code of the Russian Federation indicates the presence of deep problems in criminal proceedings. The problem of the inevitability of punishment is developing from a technological one into an ideological one. The specific inactivity of the legislator suggests that there is a conceptual basis in it. To explain this phenomenon, the author puts forward a number of hypotheses.
the idea of the inevitability of punishment, the inevitability of criminal responsibility, principles of criminal procedure, ideology of criminal procedure, ideological foundations of criminal proceedings, tasks of criminal procedure
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