Institute of Attesting Witnesses in Russian Criminal Proceedings
(mid. XVII c. - beginning of the XXI c.)
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The Institute of the Understandable in Russian legal proceedings has existed for almost four centuries. Under current criminal procedure law, a significant proportion of investigative actions are carried out with the mandatory participation of witnesses, who are required to certify the fact, course and results of the actions in which they were present. The change in the political and economic order in Russia during the 1990s has led to a change in the moral and value orientations of the population, a decrease in the general level of legal consciousness, and an increase in legal nihilism. All t...
The Institute of the Understandable in Russian legal proceedings has existed for almost four centuries. Under current criminal procedure law, a significant proportion of investigative actions are carried out with the mandatory participation of witnesses, who are required to certify the fact, course and results of the actions in which they were present. The change in the political and economic order in Russia during the 1990s has led to a change in the moral and value orientations of the population, a decrease in the general level of legal consciousness, and an increase in legal nihilism. All this is manifested, in particular, in citizens' refusals to act as witnesses and understanders, since the Law does not enshrine the obligation of citizens to assist law enforcement agencies. The existence of the institution of understood causes an ambiguous assessment among scientists, processionalists, and practitioners, negatively affecting the activities of law enforcement agencies. The analysis of the described subject area testifies to presence in it of a number of the problems demanding scientific comprehension with the purpose of definition of new approaches to a procedural status of the understood and its role in criminal process and operatively-search activity.
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