Azarova E.S. Court Discretion as Part of the Criminal Procedure Paradigm Structure

DOI: https://doi.org/10.15688/lc.jvolsu.2019.4.23

Ekaterina S. Azarova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Procedure and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5130-1653

Introduction: the fundamental rights of citizens enshrined in the Constitution are accordingly reflected in the Code of Criminal Procedure of the Russian Federation. For more than fifteen years of the Code of Criminal Procedure application, the legislator has made about three hundred amendments that have increased its ambiguity and inconsistency. The very construct of its provisions is being built and in progress without a planned scientific and theoretical component of such building, without taking into account the empiricism of application. The Code of Criminal Procedure of the RSFSR was used as a constructive basis for the new law, where the stages of criminal process are the fundamental structure of the law. The presence and introduction of new types of judicial proceedings and related institutions as an additional “load” caused the “deflection” of the entire structure of the Criminal Procedure Code, the consequence of which was the increase of unceasing contradictions between the goals and objectives of criminal proceedings, its general conceptual provisions and the criminal process immediate stages. The author sets the purpose of the study, which consists in the justification of contradictions in the law. Methods: the methodological framework consists of the methods of historicism, systematicity, and comparative law. Results: grounded in the work the author’s point of view is based on the knowledge in criminal law. Conclusions: the study revealed that the court discretion is an integral part of the criminal procedure paradigm structure, as the perception by the court of the “truth” of the circumstances to be proved in a criminal case, interpreted by the opposite parties of the adversarial process, is only possible through the prism of assessing these circumstances by the court at its discretion, during the verification of evidence in a particular criminal case.

Key words: paradigm, criminal procedure science, judicial proceedings, court discretion, social institution.

Citation. Azarova E.S. Court Discretion as Part of the Criminal Procedure Paradigm Structure. Legal Concept, 2019, vol. 18, no. 4, pp. 166-173. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.4.23

Download this file (1_Azarova.pdf) 1_Azarova.pdf
URL: https://j.jvolsu.com/index.php/en/component/attachments/download/2135