Правовое государство: теория и практика (Mar 2024)

COMPARATIVE CLASSIFICATION OF THE PRINCIPLES OF CRIMINAL PROCEDURE LAW OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF ARMENIA

  • ILYUKHINA Vera Aleksanovna

DOI
https://doi.org/10.33184/pravgos-2024.1.7
Journal volume & issue
Vol. 20, no. 1(75)
pp. 52 – 60

Abstract

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The relevance of the research topic is determined by theoretical and practical circumstances. The principles of law play a significant role in the legal regulation of social relations and are one of the most important components of the legal system of society. Despite numerous studies, a number of issues in this problematic field require serious research. In particular, it is necessary to improve the principle s of criminal procedure law in Russia. One way to solve this problem is a comparative classification of the principles of criminal procedure law. The purpose of the study is a comparative analysis of the classification of the principles of criminal procedure law of the Russian Federation and the Republic of Armenia. Research methods: classification, comparative analysis, formal legal analysis. Results: the article reveals the tendency for the predominance of the principles of criminal procedure law enshrined in the Constitutions of the Russian Federation and the Republic of Armenia. It is established that in the system of the principles of criminal procedure law in Russia there is only one specific sectoral principle, the equivalent of which is not found in Armenian criminal procedure law. All other Russian principles essentially coincide with the principles of the corresponding branch of Armenian law. At the same time, in the system of the principles of criminal procedure law of the Republic of Armenia there are seven principles, which are not enshrined in Russian legislation. It is proposed, based on the Armenian experience, to enshrine the principle of prohibiting misconduct in the Criminal Procedure Code of the Russian Federation.

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