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Features of Reforming Procedural Legislation as an Obstacle to the Convergence of Criminal, Civil, Arbitration and Administrative Processes

https://doi.org/10.25205/2542-0410-2021-17-2-64-69

Abstract

The negative impact of the existing legislative approach to reforming the criminal process on the possibility of its convergence with other procedural branches is considered. The unjustified separation of bills on reforming the CPC within the framework of unified procedural transformations is noted. Separate legislative work on the criminal process, on the one hand, and arbitration, civil and administrative, on the other hand, leads to the emergence of additional unjustified differences in the normative consolidation of universal institutions. Specific examples of undesirable divergence of lawsuits caused by uncoordinated lawmaking are given. The absence of convergence of procedural law among the goals of both sectoral, in particular, criminal procedure policy, and judicial policy is noted. The necessity of developing the concept and directions of judicial procedural policy is substantiated.

About the Author

A. R. Sharipova
Bashkir State University
Russian Federation

Aliya R. Sharipova - Candidate of Sciences (Jurisprudence), Associate Professor, Department of criminal Law and Procedure, Institute of Law.

Ufa



References

1. Popova I. P. Automation of criminal proceedings: evil or good for society? World judge, 2019, no. 11, p. 3–14. (in Russ.)

2. Vasiliev O. L. A new participant in the criminal process or the appearance of improving the Criminal Procedure Code of the Russian Federation? Criminal proceedings, 2019, no. 1, p. 37–41. (in Russ.)

3. Volkov K. A. Criminal policy and judicial practice. Russian judge, 2019, no. 2, p. 34–38. (in Russ.)

4. Malko A. V., Khramov D. V. Judicial-legal policy: general theoretical aspect. Russian justice, 2012, no. 1, p. 26–28. (in Russ.)


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Sharipova A.R. Features of Reforming Procedural Legislation as an Obstacle to the Convergence of Criminal, Civil, Arbitration and Administrative Processes. Juridical science and practice. 2021;17(2):64-69. (In Russ.) https://doi.org/10.25205/2542-0410-2021-17-2-64-69

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ISSN 2542-0410 (Print)