Journal of Siberian Federal University. Humanities & Social Sciences / On the Public Model of Russian Criminal Procedure

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Issue
Journal of Siberian Federal University. Humanities & Social Sciences: 2019, Vol. 12, Issue 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
http://elib.sfu-kras.ru/handle/2311/110040

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