The Comparative Analysis of the Correlation of the Criminal Procedural Concepts of “Prerequisite” and “Cause” in Criminal Procedure
Year: 2024
Type: article
Abstract: Introduction: an unambiguous understanding of certain terms and provisions of criminal procedure law; their semantic certainty is caused by a correct understanding of the correlation of conceptual interaction, the need to resolve contradictions in criminal procedure, ensuring the rights of parties to a criminal proceeding, and the legality and validity of making procedural decisions in a criminal case. A term in the form of a word or phrase is necessary to express a specific concept and distinguish it from a concept that is close in meaning, which accurately denotes its essence in a special field of human knowledge. An important part of the study is to consider the prerequisites and causes for observing and implementing the principle of legality. The aim is distinguishing between concepts in criminal procedure such as prerequisite and cause. Methods: the methodological framework for the research consists of the general scientific methods (dialectical, systematic, structural-functional, logical, etc.) and specific scientific methods (formal legal, comparative law, etc.). As a result of the study, the conclusion is substantiated that the cause is a factor determining the outcome of any event. To find its original source, you need to ask the question, “Why?”. The answer found will be the cause. Whereas prerequisites are the conditions (factors) that generate legal relations.
Source: Legal Concept
Authors: Yuri Franciforov, Vladimir Shinkaruk
Institutions: Saratov State Academy of Law, Volgograd State University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4404448910