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/).

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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  -