LEGAL INSTITUTION FOR PROMOTION OF JUSTICE: ISSUES OF EXISTENCE AND FURTHER EXPANSION

Vadim Latypov

UDC 343.131.2

LEGAL INSTITUTION FOR PROMOTION OF JUSTICE: ISSUES OF EXISTENCE AND FURTHER EXPANSION

Published in Society, law, statehood: retrospective and perspective · Volume 2024, Issue 1 · Pages 65–71 · Rubric: CRIMINAL LAW SCIENCES

Received: 30.01.2024 Accepted: 27.02.2024 Published: 29.03.2024

Authors

Vadim Latypov

Academic degree: doctor of jurisprudence sciences

Science rang: docent

Ufimskiy yuridicheskiy institut MVD Rossii nachal'nik kafedry ugolovnogo processa · Russian Federation

ABSTRACT

Within the scope of the activity approach to the classification of participants in criminal proceedings, there is a necessity for a functional definition of those persons who do not implement the main criminal procedural functions mentioned in Art. 15 of the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation). The author has substantiated the existence of an independent, neutral in relation to the main criminal procedural function – promoting justice. At the same time, the study made it possible to establish the presence of this function in other procedural branches of law. This circumstance made it possible, within the framework of this article, to attempt to form a new scientific idea about the existence of an independent legal institution for the promotion of justice, which was not previously identified in the theory of inherent in all procedural branches of law. Based on the example of the analysis of the legal institution of assistance to criminal justice, it was determined that it represents a set of legal norms aimed at regulating the relations that develop in the criminal process and related to auxiliary activities aimed at reporting and (or) obtaining evidentiary information, providing advisory, technical (organizational) or other assistance to the parties and the court. The promotion of justice is defined as a complex intersectoral, functional, imperative-dispositive megainstitution, which includes in its structure the content of other legal institutions. Noting the cross-sectoral nature of the legal regulation of such procedural activities as the promotion of justice and the features of including other independent legal institutions in it gave the author grounds to raise the question of promotion as a megalegal institution.

KEYWORDS

promotion of justice, legal institute, criminal proceedings, participants in criminal proceedings, legal relations, criminal procedural functions, protection, accusation, megalegal institute, expert, specialist, witness, witness, translator

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Editor-in-chief

Vadim Latypov

Deputy editor-in-chief

Andrey Isaev

Editor

Ismagilova Yuliya Raisovna Yuliya

julyanne@rambler.ru

2759

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LEGAL INSTITUTION FOR PROMOTION OF JUSTICE: ISSUES OF EXISTENCE AND FURTHER EXPANSION

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