Moral foundations of russian criminal proceedings

In: Gosudarstvo i pravo, Heft 1

Abstract

The article explores the problem of the relationship between morality and law in general and in criminal proceedings in particular. It is proposed to consider morality as one of principles of law, and moral consciousness – legal awareness, and on this basis it is concluded that law and legal consciousness are connected not only purely legally, but also in a moral way. That is, they have a common moral foundation, moral nature. The approach is justified, according to which the domestic model of criminal proceedings should be formed primarily taking into account the moral needs of society and the individual. The moral aspect is defined as a system-forming category for both criminal procedure law and the law enforcement authority, which in turn should serve to improve the guarantees of a fair investigation and resolution of criminal cases, and to achieve the necessary balance of public and private interests in the criminal process.