The origin and evolution of rules on prejudice in the national criminal procedure legislation of Russia

Автор: Shageeva R.M.

Журнал: Juvenis scientia @jscientia

Рубрика: Юридические науки и политология

Статья в выпуске: 9, 2018 года.

Бесплатный доступ

The article discusses the origin and transformation of rules on prejudice in the procedural legislation of Russia in general, and in the criminal procedure law, in particular. Up to 1917 prejudice was considered as a pre-trial, in the Soviet period it was used as a rule exempting from the duty of proof and for designation of one of the properties of the legal force of the judicial decision (prejudiciality), but there were no rules on the intra-branch, namely criminal procedural prejudice. Article 90 of the Code of Criminal Procedure has been repeatedly changed, including some changes in accordance with the legal position of the Constitutional Court of the Russian Federation, consolidating the interdisciplinary prejudice as a result. Thus, the understanding of prejudice in the Russian criminal trial was different in different periods of time.

Еще

Intra-branch prejudice, interindustry prejudice, prejudiciality judgment, the constitutional court of the russian federation

Короткий адрес: https://readera.ru/14110418

IDR: 14110418   |   DOI: 10.32415/jscientia.2018.09.10

Статья