Abdrashitov V.M. The Influence of the Basic Legal Ideas of the Judicial Reform of 1864 on the Formation and Development of the Principle of Innocence Presumption
Abdrashitov Vagip Mnirovich
Candidate of Juridical Sciences, Associate Professor, Department of Theory and History of Law and State,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article attempts to examine the influence of the most important aspects of legal ideas of the Judicial reform of 1864 on the formation and development of the principle of innocence presumption, the current problems of the principle application. The author studies the main stages of the historical development of the principle.
The author notes that the principle of innocence presumption, which is the basis of judicial reforms in Russia, in particular, the Charter of the criminal proceedings, is presented in such famous works of world law, such as the English Habeas Corpus Act, the American Bill of Rights, the French Declaration of Human Rights of 1789 year.
The Charter of criminal proceedings provided not so much the principle of the presumption of innocence, as a set of working guarantees as its components which effect the principle of criminal proceedings in real life, the “body” of the process, namely the guarantee of personal freedom and inviolability of the person, the essential ways of protection against wrongful detention, arrest, punishment, and the help of a professional defense counsel, moreover, an important guarantee of the rights of the accused was giving the last word to him (the defendant) or his defense counsel.
Key words: presumption of innocence, legal ideas, Judicial reform of 1864, protection of human rights, interpretation of the principle of law, national legal system, national legal system, Russian legal doctrine.
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