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Title |
Ensuring the equality of rightsof parties when participants of a criminal proceeding abuse their
rights
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Authors |
Darovskikh Olga Igorevna,
Cand. Sc. Law, Associate professor of the Department of Criminal Proceedings
and Criminal Science of South Ural State University. Office 302, Bld. 149,
Kommuny Str., Chelyabinsk, 454090. E-mail: darovskikhoi@gmail.com
Skryabin Aleksandr Nikolaevich,
Associate Professor of Criminal Procedure and Criminal Science
Department of the South Ural State University. office 301, ul. Kommuny 149,
Chelyabinsk, 454090. E-mail: aleksandr.skryabin.64@mail.ru |
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Section |
Civil and Criminal Procedure |
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Issue |
4/2015 |
Page |
126—129
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index UDC |
343.12(470) + 343.13(470)
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index LBC |
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Abstract |
This article touches upon the ways
to use an adversarial principle, abuses of rights by the participants of
criminal proceedings by exercising the legal rights. The article contains the
examples of cases when participants of criminal proceedings do not exercise their
rights in good faith. The authors suggest how to deal with this problem by
amending the Code of Criminal Procedure of the Russian Federation to include
the principle of impossibility to abuse rights that will allow the participants to
properly exercise their legal rights thereafter, prevent such behavior, and ensure
the adversarial principle and equality of rights and parties to the criminal
proceedings. |
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Keywords |
Adversarial principle, abuse of rights, court,
defender, legal rights, equality of rights and
parties, Code of Criminal Procedure of the Russian Federation. |
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