Causes and conditions of mistakes by participants in criminal proceedings, who have authorities

Abstract

Purpose. The purpose of the article is a comprehensive study of the phenomenon of mistake. committed by participants in criminal proceedings who have powerful powers, including the causes and conditions of their occurrence. Methods. The methodological basis of the study was a set of general scientific and branch-legal methods, united by an integrated approach, thanks to which it was possible to consider, mistake. The methods of analysis and synthesis, deduction and induction, the formal-legal method, as well as the modeling method made it possible to build a system of conceptual approaches to the problem of the causes and conditions of making mistakes by participants in criminal proceedings who have powerful powers. Results. It was concluded that the concepts of reasons and conditions for the occurrence of errors cannot be equated. The reasons affecting the making of mistakes by the participants in criminal proceedings who have authority are the circumstances or processes that cause and condition the making of mistakes in the process of applying the law by these participants, reducing the effectiveness of law enforcement. At the same time, the conditions for making mistakes by the participants in criminal proceedings, who have powerful powers, do not directly give rise to them, but are a factor that makes it possible to make these mistakes both now and in the future. In particular, they are any shortcomings in the management and organizational activities of these entities. From the point of view of criminal procedural activity, it is difficult to draw a clear distinction between the causes and conditions of making mistakes, because in criminal proceedings there are factors that can be both causes and conditions. Scientific novelty. Attention is drawn to the fact that the activity of eliminating errors by participants in criminal proceedings who have powerful powers requires the development of a concept for solving a complex of theoretical and practical problems of these errors, with the aim of improving the organizational and legal, including criminal procedural error elimination mechanism. Practical significance. The conducted research will contribute to a deeper and comprehensive understanding of this problem, and also provides a basis for the development of effective recommendations to prevent mistakes by participants in criminal proceedings who have powerful powers.

Keywords

• criminal proceedings
• mistake
• causes
• conditions
• subjective and objective factors of errors