Methodologically, the criminal procedure norms, their types and structure must be analyzed in a certain sequence: start with the concept, signs and characteristics, then consider the classification and structure, that is, the internal structure. These blocks are always accompanied by references to one or another relevant article in the criminal procedure legislation and the Constitution of the Russian Federation, attaching some provisions from the theory of law.
The concept
Criminal procedural rules, their types and structure in all activities of legal proceedings are regulated by legal norms that are established by the state as generally binding and general rules of conduct for all entities, provided with state and public influence and having the main task of the most effective criminal proceedings. Criminal procedure legal norms have not only common generic characteristics, but also some specific features.
Combining the features of the method of regulating criminal procedure activities and the features of the subject, legal norms are an instrument of influence for all participants in the legal proceedings, directing their behavior in accordance with the legal tasks. The activities of prosecutorial, investigative, and judicial bodies are exposed to them, regulating criminal procedure norms. Their types and structure include the investigation and resolution of criminal cases, as well as the attitude to persons involved in this activity.
Key features
Any branch of law and all of it as a whole regulates social relations in a particular area, that is, precisely those relations that may arise, develop and develop in criminal proceedings. Exactly the same functions are provided for in criminal procedure norms.
Their types and structure are aimed at specific instructions for participants in criminal proceedings to perform certain actions or, on the contrary, to abstain from them. Participants are vested with specific rights and certain obligations, guarantees are established for the exercise of these rights and legal liability if the obligations are not fulfilled.
The properties
Special signs (properties) have legal criminal procedural rules. The concept, types and structure of them are established by the state, formulated by law and secured by relevant legal and regulatory acts. However, these norms differ from other types of law.
For example, they very often lack sanctions. Criminal procedure norms, their types and structure, unlike many other branches of the sanctioned norms, almost do not contain. This means that the rules of conduct are considered the norm only from the moment the legal force is recognized in their existence.
Customs
State-sanctioned rules of conduct in modern times are some customs and norms that are outside the law, but applied by one or another public organization, subsequently equated with normative acts. Everyone knows what custom is. These are certain rules of behavior that have developed in the minds of people due to the fact that they have been repeated for a long time, and therefore have been traditionally observed.
Such a plan, customs played an important role in the development of a culture of legal proceedings, as well as the growth of legal awareness of all its participants. For example, everyone who is present in the courtroom gets up at the entrance of the judges, also standing up, they make statements and testify absolutely all the participants in the court. There are a lot of such rules that appeared as a result of the tradition, including in the criminal procedure norms. The concept, types and structure of these norms always contain them, since they have acquired legal force and embodied in legal norms.
Abstract relation
General rules of conduct, designed not for the specifics of legal relations and actions, but for long-term and numerous repetitions of them, gradually become established by the state procedure as criminal procedure norms, the concept, types and structure of which develop gradually when a lot of time in a row is equally excited, investigated and resolved criminal proceedings. For example, a sentence is always imposed on behalf of the state.
Thus, it turns out that according to their requirements and dictates, criminal procedural rules, their types, structure and rules are specific in content, but with respect to the addressee they are absolutely abstract, since in the place of this subject can be any other - the content of criminal procedural rules does not will change. It is for criminal proceedings that is of great importance, but in general this property is typical of any legal norm.
Special meaning
Legal norms contain obligatory state orders, but at the same time they bear a purely individual, concrete character. The verdict, issued on behalf of the state, contains rules of conduct for all those persons to whom it relates. For example, a convicted person is required to obey the sentence imposed, even though the sentence can be appealed. Or another example: the execution of a sentence is entrusted without fail to the competent authority.
However, as rules of law, specific rules of conduct cannot be considered, since they have a definite decision in a particular criminal case against a certain person or group of persons. So, there are individual acts of enforcement - the decision of the prosecutor, investigator, judge, court ruling and the like, designed for a single execution and issued precisely and specifically defined criminal procedural legal norms. Their types and structure are arranged accordingly, all the nuances of legal proceedings are provided.
The concept
First of all, you need to decide on the concept of criminal procedure norms. Their types, structure and rules naturally follow from it. Above, this concept has already been revealed, but the main postulates must be mastered as well as possible. What is the norm of criminal procedure law?
This is a mandatory rule recorded in the law, which contains indications of the basis of this rule and the conditions under which it should be applied, where the subjects of these regulated relations are listed, as well as all the rights of the subjects and all their duties. For non-fulfillment of their duties or violation of prohibitions, sanctions are also written in this rule.
Legislative Receptions
When characterizing the general rules of conduct as a sign of a rule of law, one should turn to articles 68, 303, 313, 315 of the Code of Criminal Procedure, where the essence of the introductory, descriptive, and resolute sections of the conviction is particularly clear. A statement of the legislative will and technical legal techniques for its expression characterize the types of criminal procedure norms.
The concept reveals their structure in an abstract technique, when generalized one-time concepts are needed to present a set of legal information and facts, and in a casuistic technique, when an enumeration of factual circumstances is used with indication of their specific individual characteristics. An abstract technique is characteristic of a higher level of legal culture, but in many cases it is impossible to do without casuistic presentation of regulatory requirements.
General obligation
All criminal procedural rules, their types, structure, sanctions are provided with a generally binding character and are extended to all persons who are or who may in the future become certain and specific participants in the criminal trial - the victim, the accused, the suspect, and so on. This means that the compulsory nature of legal norms extends to unlimited, any number of cases that are of the same type or homogeneous in nature. Criminal procedure rules, their types, structure, in short, are designed for repeated use.
It takes into account that the addressee of criminal procedural norms is abstract, and the subject of criminal procedural duties and rights is concrete. For this, there are criminal procedural rules. Their types and structure in Belarus (Republic of Belarus) practically do not differ from those adopted in the Russian Federation; in other countries of the former USSR, the procedural code has undergone some changes.
rules
The accused (or the defendant), whoever he is, always complies with the rules of conduct prescribed by law, they are generally binding on any criminal case. However, these rules never apply and cannot apply in any way to other parties to the proceedings. For them, too, there are rules, only others that do not apply and will not apply to the accused (defendants). There are branches of law where there are rules with an undefined address. Criminal procedure law addresses the rule to any group of persons: witnesses, experts, victims, investigators, prosecutors, and so on.
The rules formulated in article 53 of the Code of Criminal Procedure, for example, are addressed to victims, and therefore cannot be applied to witnesses or accused. But the victims in this article are reflected in all manifestations - both those who have already suffered harm, and those who are destined to suffer in the future, that is, the rules are addressed to everyone, regardless of the category of the case or the nature of the crime, their degree of jurisdiction and jurisdiction.
Structure and types
Criminal procedure norms are classified by structure and type. If we consider the theory of state and law, the three parts of each legal norm are clearly distinguished in the logical structure. This is hypothesis, disposition, and sanction. This classification applies to criminal procedure standards to the same extent as to the rest. Hypothesis - a condition for the implementation of the law. The degree of certainty of the expression is important here. Hypotheses are unconditionally defined (Article 58 of the Code of Criminal Procedure, for example), relatively certain (Article 31), and unconditionally uncertain (Article 294). Disposition - these are just the rules of behavior of participants in the process.
And the sanction is a measure of influence applied to violators of the rules established by law. It should be noted that most criminal procedural rules do not have sanctions, because the established rules of legal proceedings are not violated. Their observance is monitored by a law that imposed a state duty on those who conduct the inquiry, on the prosecutor and investigator, on judges. Each step is painted. Sanctions of criminal procedure law can be punitive, with criminal prosecution (Articles 73 and 75, for example), and can also be administrative, with administrative responsibility (Article 147).
Classification by the nature of the rules
Criminal procedure norms are classified according to the categorical nature of the requirements contained in them. In this case, their types are divided into eligible (with the rights of a participant in criminal procedural activity); obligating when the participant in the process is obliged to comply with certain rules; representative and binding (in case of bilateral criminal procedure: the right of one is the duty of another participant in the process).
Different legal norms have different functions when there is a process of legal regulation. There are general norms for all activities, which determine the legal status, principles, purpose of each subject of procedural relations. And there are criminal procedural rules that determine the conditions of production at one stage or another. There are also third ones that regulate the procedure and conditions for a specific judicial or investigative action. Legal regulations necessarily contain prohibitions. Only decisions and actions permitted by law are allowed, and they must be carried out as the law established, in that order. This is a permissive method.