Масленникова Л.Н. Внешние факторы, определяющие тенденции в развитии уголовного судопроизводства

Аннотация: The paper researches external factors that determine evolution of criminal procedure as a social institution. The evolution patterns of criminal procedure become manifest through the contents and correlation of the public principle and discretionary principle in criminal procedure. The concept of society comprises the following key token elements: a body of individuals possessing will and awareness; shared interest of perpetual and objective nature; interaction and cooperation based on shared interests; adjustment of social interests through mandatory universal rules of behavior; existence of organized force (power) able to secure internal order and external safety for the society; the society’s ability and genuine capacity to rejuvenate and improve itself. Formation of criminal procedure as a social institution based on optimized relationship between the public and the discretionary must fit the same principles. The trends in the criminal procedure’s evolution that become manifest through a certain correlation of the discretionary and public principles in criminal procedure, are conditioned by the evolution trends of statehood – in other words, to an extent they depend directly on the relationship between the statist and anti-statist vectors in the society’s evolution. The evolution trends of criminal procedure through definition of content and correlation of the public and discretionary principles are conditioned by main trends in man’s relations with national government. Historical experience has evidence that both the collectivist and the individualist theories are singlefaceted, as they fail to consider that the society as such is shaped of both individuals and collectives, it is a social body whose very health largely rests on the balance between the personal and the common. Evolution of criminal procedure is determined by correspondence between the fundamental principles that shape criminal procedure as a social institution and the fundamental elements that are indicators defining the concept of the society; correspondence between the main evolutionary patterns of the political power organization in the society and its social role; and building the relations between the state power and the personality based on spiritual values, solidarity and subsidiary approach. Unbalancing this interplay distorts the public principle both in the society as a whole and in the domain of criminal procedure as its part, where this principle is substituted by that of statehood. The interests of the political power (state interests) take the lead, and the effort to secure them justifies all means, including such that are gross infringement of individual citizens’ rights and lawful interests.

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Abstract: The paper researches external factors that determine evolution of criminal procedure as a social institution. The evolution patterns of criminal procedure become manifest through the contents and correlation of the public principle and discretionary principle in criminal procedure. The concept of society comprises the following key token elements: a body of individuals possessing will and awareness; shared interest of perpetual and objective nature; interaction and cooperation based on shared interests; adjustment of social interests through mandatory universal rules of behavior; existence of organized force (power) able to secure internal order and external safety for the society; the society’s ability and genuine capacity to rejuvenate and improve itself. Formation of criminal procedure as a social institution based on optimized relationship between the public and the discretionary must fit the same principles. The trends in the criminal procedure’s evolution that become manifest through a certain correlation of the discretionary and public principles in criminal procedure, are conditioned by the evolution trends of statehood – in other words, to an extent they depend directly on the relationship between the statist and anti-statist vectors in the society’s evolution. The evolution trends of criminal procedure through definition of content and correlation of the public and discretionary principles are conditioned by main trends in man’s relations with national government. Historical experience has evidence that both the collectivist and the individualist theories are singlefaceted, as they fail to consider that the society as such is shaped of both individuals and collectives, it is a social body whose very health largely rests on the balance between the personal and the common. Evolution of criminal procedure is determined by correspondence between the fundamental principles that shape criminal procedure as a social institution and the fundamental elements that are indicators defining the concept of the society; correspondence between the main evolutionary patterns of the political power organization in the society and its social role; and building the relations between the state power and the personality based on spiritual values, solidarity and subsidiary approach. Unbalancing this interplay distorts the public principle both in the society as a whole and in the domain of criminal procedure as its part, where this principle is substituted by that of statehood. The interests of the political power (state interests) take the lead, and the effort to secure them justifies all means, including such that are gross infringement of individual citizens’ rights and lawful interests.

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