Proceedings of the 2020 6th International Conference on Social Science and Higher Education (ICSSHE 2020)

The Attributes of the Waiver of the Right: An Overview from the Point of View of Russian Criminal Proceeding Doctrine

Authors
Irina N. Chebotareva, Olesya S. Pashutina, Irina V. Revina
Corresponding Author
Irina N. Chebotareva
Available Online 16 December 2020.
DOI
10.2991/assehr.k.201214.149How to use a DOI?
Keywords
criminal procedure law, to exercise the right, a refusal to exercise a right, a waiver of the right in criminal case
Abstract

The participants of modern Russian criminal proceedings exercise a wide range of rights. Using them they are able not only to promote their interests but to influence the proceeding and the outcome of the case. The possibility to exercise or to waiver the right has no less important than the realization of the right itself. The choice is based on the will of the right holder, who can exercise as well as waiver the right. However, the right might not be realized according to the conditions independent of the right holder’s will (due to the lack of information about legal rights, absence or prohibition of using this right, etc.) This case cannot be regarded as a waiver of the right as an individual is deprived of the benefits provided by legal provisions. This can negatively influence not only the legal status of an individual, but the whole society and the State, which proclaims itself as law-based. This work is created to justify that the waiver of the right must have the following features: voluntariness, freedom of choice and awareness.

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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Volume Title
Proceedings of the 2020 6th International Conference on Social Science and Higher Education (ICSSHE 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
16 December 2020
ISBN
978-94-6239-300-4
ISSN
2352-5398
DOI
10.2991/assehr.k.201214.149How to use a DOI?
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 Attributes of 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  - 780
EP  - 783
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201214.149
DO  - 10.2991/assehr.k.201214.149
ID  - Chebotareva2020
ER  -