Shinkaruk V.M. The Discursive Nature of the Prosecution and Defense
DOI: https://doi.org/10.15688/lc.jvolsu.2024.3.4
Vladimir M. Shinkaruk, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Procedural Law 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/0000-0002-5215-6299
Introduction: the adversarial nature and equality of the parties are defined as the main principles of Russian criminal procedure (Part 3 of Article 123 of the Constitution of the Russian Federation, Article 15 of the Code of Criminal Procedure of the Russian Federation). The Constitutional Court of the Russian Federation defines the equality of the parties as the basis for the formation of the necessary guarantee of defense and fair trial of the case and states that the latter is impossible if the court has not assessed on the merits all the arguments and circumstances presented during the trial by its parties on the part of the prosecution and defense and has not provided them with equal procedural rights. The paper deals with the study of certain aspects of the balance of such categories as legal liability, criminal liability, prosecution, and defense. Purpose: to analyze the trends formed in the doctrine related to the resolution of urgent problems in terms of establishing the correlation of such concepts: legal liability, criminal responsibility, criminal procedural responsibility, prosecution, and defense. Methods: the general scientific dialectical method of cognition, a systematic approach, as well as the general scientific (deduction and induction) and specific scientific methods (logical and legal analysis and synthesis). Results: the current issues of the theory and law enforcement practice regarding the nature, types, and structure of prosecution and defense in criminal procedure are investigated. Conclusions: despite the ongoing discussions regarding the nature of the prosecution and defense in court procedure, a significant number of issues remain unresolved and require further detailed scientific analysis. First of all, the study of the defense function, which contributes to the realization of the rights granted to the accused, should certainly contribute to the development of new theoretical approaches and legislative innovations.
Key words: criminal procedure, legal liability, prosecution, accused, defense.
Citation. Shinkaruk V.M. The Discursive Nature of the Prosecution and Defense. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 3, pp. 31-36. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.3.4
 3_Shinkaruk.pmd.pdfURL: https://j.jvolsu.com/index.php/en/component/attachments/download/3069 | 25 Downloads |