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Title

Abuse of Right as an Evaluation Notion in Criminal Proceedings

Authors

Darovskikh Olga Igorevna

tutor and lecturer of the Department of Criminal Proceedings and Forensic Science of Federal State Budgetary Educational Institution of Higher Professional Education South Ural State University, Office 302, 149, Kommuny Str., 454080, Chelyabinsk. E-mail: lelia.muti@yahoo.it

Section

Civil and Criminal Procedure

Issue

2/2014

Page

148-150

index UDC

343.353

index LBC

Х408.142 + Х410.213

Abstract

The article considers the author’s notion of abuse of rights in criminal proceedings. In the process of detection features of abuse of rights the author comes to the conclusion that it is a different category. Also the author gives examples of the use of the abovementioned notion from the decisions of the Criminal Court of the Russian Federation and the resolutions of the Supreme Court of the Russian Federation which allows taking the implementation of such evaluation notion into account in the matter of its applicability by the abovementioned courts and other law enforcement bodies. The author comes to the conclusion that the use of evaluation notions in criminal proceedings contributes to general criminal proceedings.

Keywords

abuse of right, criminal defendant, criminal proceedings, decisions of the Constitutional Court of the Russian Federation, resolutions of the Supreme Court of the Russian Federation, evaluation notion.

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