The legal nature of judicial activity in the execution of court decisions in criminal proceedings
DOI:
https://doi.org/10.21564/2414-990X.170.338229Keywords:
criminal proceedings, judicial activity, execution of court decisions, justice, judicial control, criminal-legal conflict (dispute)Abstract
The relevance of the research topic is due to the need to study the legal nature of judicial activity in the execution of court decisions in criminal proceedings, which is important both for the theory of criminal proceedings and for the practice of law enforcement. After all, whether it belongs to the activity of administering justice or not depends on the possibility of extending to it both the general legal standards of justice in general and the determination of the decision-making procedure in their execution in particular.
The purpose of the article is to clarify the essence of judicial activity in the execution of court decisions in criminal proceedings and to express the author's position on this issue.
The work, using various methods of scientific knowledge, proves the relevance of the research topic and expresses the author's understanding of the solution of a number of issues related to the subject of the study.
Thus, the results of the research consist, in particular, in determining the system of criteria for attributing a certain type of judicial activity to justice and, based on their critical analysis in relation to judicial activity in the execution of court decisions in criminal proceedings, concluding that it corresponds to them, and therefore is it. In addition, based on a comparison of the inherent features of judicial control and the criteria for attributing a certain type of judicial activity to the activity of administering justice, the position is expressed that the exercise of judicial control is not an activity distinct from the activity of administering justice, judicial control activity is a substantive part of justice, its element (type), a separate form of its implementation. Such an understanding fully applies to judicial activity in the execution of court decisions in criminal proceedings, because it, by its essence and nature, is the implementation of justice in the form of judicial control over the execution of court decisions.
Thus, on the basis of the conducted research, the author's opinion is expressed on a number of theoretically and practically significant issues related to understanding the essence of judicial activity in the execution of court decisions in criminal proceedings.
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