JUDICIAL PROCESS – SOURCE OF LAW AND JUSTICE

Abstract

Abstract. The main purpose of the article is to establish that legal pro-ceedings are not a mere law enforcement, but the creation of law and justice. In addition, it is proved that the modern theory of state and law has turned into scholasticism and has lost its methodological significance. Instead, the theory of criminal procedure created by Nizhny Novgorod scientists claims this role in jurisprudence. The method by which the set goals are achieved is rhetorical argumentation. Results: using the example of the Nizhny Novgorod doctrine of criminal procedure, the article shows how, by going against the canons of dogmatic law, it is possible to create a fundamentally new, integral scientific concept. The article presents three main components of this concept: the doctrine of «law-process», which explains the procedural way of existence of real law – a means of regulation, which includes the postulate of procedural determinism of everything legal; the doctrine of prosecutorial institutions (criminal action) and evidence as two means of establishing law and justice; scientific project of judicial reform, including reorganization of preliminary investigation, renunciation of investigative authority to charge and prove, establishment of a digital adversarial process and transition to the rule-of-law state.

Keywords

• law
• criminal procedure
• nizhny novgorod school of processualists
• philosophy of law
• theory of state and law
• judicial reform