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THE MORAL CONTENT OF LEGAL NORMS REGULATING THE STATUS OF A PERSON IN CRIMINAL PROCEEDINGS
Abstract
The aim of the research undertaken by author is to define the unique moral essence of the legal principles and norms fixing the status of a person in criminal justice system from the point of view of their axiological genesis and their correspondence to the international law standards on human rights and to the constitutional grounds of the Russian Federation. It's methodology included the general methods of analysis and synthesis, the dialectic method, which permitted to test the criminal procedure system as social-historical phenomenon. Also the specific comparative-legal, historical-legal and formal-dogmatic methods were used for studying the characteristics of the named objects and for formulating conclusions. In addition the research took its grounds in officially publicized concepts and achievements of philosophy, ethics, law philosophy, law theory and the theory of criminal proceedings. The main results of the research include the original understanding of the interaction of law and morality in the sphere of criminal proceedings. The article demonstrates an increasing addition of moral content to legal prescriptions concerning the legal status of a person in criminal proceedings. On the basis of the Russian Federation Criminal Procedure Code norms the author concludes that reforming the Russian criminal justice is carried out in the direction of bringing legislation and law practice into conformity with universally recognized principles and norms of international law in the field of human rights. The results of the research make a new basis for the further criminal justice studies and can be used in correcting the Russian criminal procedure legislation and the practice of its enforcement.
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