Sharipova A.R. The Concept of Convergence of Criminal Procedure Law with Other Branches of Procedural Law
DOI: https://doi.org/10.15688/lc.jvolsu.2022.1.8
Aliya R. Sharipova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Law and Procedure, Bashkir State University, Zaki Validi St, 32, 450076 Ufa, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-3254-5577
Introduction: excessive variability of the criminal procedure legislation against the background of other branches, the need to take into account pre-trial court decisions, and unified processes of digitalization in justice have actualized the study of the possibility of convergence of four procedural branches of law. The purpose of the work is to develop the key provisions of the concept of convergence, i.e. coming together of criminal procedural law with civil procedural, arbitration procedural, and administrative procedural law. The approximation of criminal procedure law to other procedural branches due to the unification of a number of intersectoral institutions should serve the task of improving the quality of justice. Methods: the defining method of research is the method of comparative jurisprudence. The most important institutions of the “judicial” part of the criminal procedure are compared with their branch counterparts from other procedural branches of law. The research also uses the methods of historicism, system-structural analysis, and synthesis. Results: for some universal procedural institutions, fundamental differences in normative consolidation have been identified, the manifestations of which reduce the quality of justice in criminal cases. The gradual borrowing of the techniques tested in them into the criminal procedure from other branches can ensure procedural convergence without creating supra-sectoral structures of judicial law. Conclusions: the author proposes the ways of convergence of the criminal procedure “split off” from the rest of the procedural branches. A preliminary legislative examination of the impact on the identity of the normative consolidation of universal intersectoral institutions should be applied to draft laws on amendments to any procedural code. The joint scientific development of intersectoral problems in procedural law and the development by the law enforcer of unified approaches in “judicial” law will contribute to the convergence of not only the law but also science and law.
Key words: convergence, judicial law, universal institutions, criminal procedure, arbitration procedure, civil procedure, administrative procedure.
Citation. Sharipova A.R. The Concept of Convergence of Criminal Procedure Law With Other Branches of Procedural Law. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 1, pp. 57-63. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.1.8
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