Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2019 12 (3)

Authors

Barabash, Anatoly S.; Skoblik, Konstantin V.

Contact information

Barabash, Anatoly S.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; ; Skoblik, Konstantin V.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia;

Keywords

Public Model of Russian Criminal Procedure; adversariness; public interest; factfinding; factually guilty; factually innocent; research programme

Abstract

This article has appeared as an attempt to inform foreign scholars of the Public Model of Russian Criminal Procedure. Authors suppose that Russian lawmakers have made an unfounded decision to construct Russia’s criminal procedure on adversarial foundations. Thus, authors attempt to describe the Public Model of Russian Criminal Procedure, which has arisen as a response to adversary reforms in Russia. In addition to the historical and political context of the Public Model’s appearance, authors also demonstrate certain dimensions of this model. The article shows its essence and attitudes to this model. Moreover, certain scholars (Anatoly S. Barabash, Alexander A. Brester and Konstantin V. Skoblik) consider the Public Model as a research programme. The article also includes a comparison of the Public Model with other models (e.g. Crime Control, Due Process, Adversarial Justice and Inquisitorial Justice). The current research applies a historical method, a method of interpretation of law, deductive and inductive reasoning, argumentum ex contrario, contextual definitions and an interdisciplinary approach (criminal procedure, philosophy of science, theory of cognition and decision theory)

Pages

314-324

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/110040

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).