The Notion of "Legitimate Interest" In Russian Criminal Court Proceedings
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Abstract
The study is dedicated to a set of issues concerning the definition of the category "legitimate interest", "personal interest" of the participants in the criminal process, the study of the concept, causes and conditions for legitimate interest development in criminal proceedings, since the priority of the democratic state governed by the rule of law is determined precisely by the rule of rights and legitimate interests of an individual.
Analyzing these definitions proposed in the doctrine of criminal proceedings, one can see the lack of a clear consolidation of "legitimate interest" concept in the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the CPC RF).
The insufficiency of theoretical developments of the named problem entails the appearance of contradictions and incomplete reflection of the real interests of an individual in the criminal process norms and in the law enforcement activities of the criminal justice bodies. Thus, legal regulation is ineffective, an individual remains unprotected.