SHS Web of Conferences (Jan 2022)
The goal setting of modern criminal proceedings subject to regulatory consolidation
Abstract
The article deals with the correlation of some of the most significant categories of criminal procedure activity: “purpose”, “purpose” and “tasks”. The authors conclude that without goals and objectives, it is impossible to imagine any organized, well-coordinated and planned activities, especially those regulated by law. The goal organizes the participants in the criminal procedure activity, advises them about the result, while the tasks help them to exercise their powers. The unity of purpose and objectives, which forms the goal-setting of criminal proceedings, attaches cohesion and coherence to the actions of numerous subjects, i.e. builds a capable system. Therefore, any process, including law-making and law enforcement, can and should be characterized from the point of view of its purpose and objectives. This indicates the objective need to establish not only the purpose, but also the goal setting in the law. The attempt to concentrate the tasks of the criminal process solely on the protection of the rights and legitimate interests of the individual (Article 6 of the Code of Criminal Procedure) seems unproductive. This provision is true, but it is not sufficient, since it does not take into account the state tasks that are initially present in such branches of public law as criminal procedure law and the criminal proceedings regulated by it. The criminal process cannot fulfil its purpose without taking into account the tasks of criminal law. By implementing them, criminal law and criminal procedure protect, among other objects, the life, health, interests and freedoms of citizens, as well as public order, public security, the constitutional system of the state, peace and security of mankind.