- PII
- S1026-94520000617-6-1
- DOI
- 10.31857/S20000617-6-1
- Publication type
- Article
- Status
- Published
- Authors
- Volume/ Edition
- Volume / Issue 2
- Pages
- 50-67
- Abstract
- In the many years, the institutions of refusal to prosecute and of modifi cation of the prosecution during the trial provoke in post-Soviet countries polemic between supporters of accusatorial paradigm and supporters of objective truth's inquisitorial theory. The author of the article proposes the new approach that can be used for the analysis of the problem. This approach is focusing on the so-called "existential problem" of the accusatorial principle: the major diffi culty to personalize the real prosecuting party in criminal procedure. In this situation, one needs to legitimate the prosecutorial activity of the offi cial prosecutor by the society altogether. From the comparative point of view, two models of such legitimation can be determined - the political model (US) and the juridical model (continental Europe). In post-Soviet countries this legitimation is in large part lost because of some historical and theoretical deformations. Without overcoming theses deformations, the adequate solution of the problem concerning the two polemic institutions seems impossible.
- Keywords
- post-Soviet law; criminal procedure; refusal to prosecute; modification of the prosecution during the trial
- Date of publication
- 01.02.2012
- Number of purchasers
- 1
- Views
- 1326
RAS Social ScienceGosudarstvo i pravo
- ISSN (Print) 1026-9452
- ISSN (Online)2713-0398
Instituty` otkaza prokurora ot obvineniya i izmeneniya obvineniya v sude: postsovetskie perspektivy` v usloviyax teoreticheskix zabluzhdenij
Индексирование
Scopus
Crossref
Higher Attestation Commission
At the Ministry of Education and Science of the Russian Federation
Scientific Electronic Library