The Reasons for the Waiver of the Right: An Overview from the Point of View of Russian Criminal Proceeding Doctrine
- DOI
- 10.2991/assehr.k.201214.112How to use a DOI?
- Keywords
- criminal proceeding, individual rights in criminal proceedings, subjective rights, waiver of the rights
- Abstract
The realization of rights protection and legal interests of individuals and legal units, suffering from criminal actions, as well as those under penal action can be regarded as the primary task of Russian criminal procedure law. The participants of a criminal procedure have a wide range of rights, realizing which they can promote their interests, influence the dynamic of criminal procedure relations, the process and the outcome of a criminal proceeding. Procedural rights (including subjective), unlike procedural duties, are combinations of possible legal actions stated and guaranteed by criminal procedural standards for the possible code of behaviour for the participants of a criminal proceeding as well as an opportunity to call for certain law enforcement. The participants can realize the rights or waiver them, without any negative legal consequences, to promote their interests. The analysis of law enforcement practice, doctrinal interpretations and the data from official social studies, presented in this article, provide a possibility to classify the reasons for the waiver of the rights by the participants of criminal proceedings.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Irina N. Chebotareva AU - Olesya S. Pashutina AU - Irina V. Revina PY - 2020 DA - 2020/12/16 TI - The Reasons for the Waiver of the Right: An Overview from the Point of View of Russian Criminal Proceeding Doctrine BT - Proceedings of the 2020 6th International Conference on Social Science and Higher Education (ICSSHE 2020) PB - Atlantis Press SP - 590 EP - 594 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201214.112 DO - 10.2991/assehr.k.201214.112 ID - Chebotareva2020 ER -