On the Public Model of Russian Criminal Procedure
Abstract
This article has appeared as an attempt to inform foreign scholars of the Public Model of Russian Criminal Procedure. The author supposes that Russian lawmakers have made an unfounded decision to construct Russia's criminal procedure on the adversarial foundation. Thus, the author attempts to describe the Public Model of Russian Criminal Procedure, which has arisen as an answer to adversary reforms in Russia. The author also demonstrates, apart from the historical and political context of appearing the Public Model, dimensions of this model. The article shows essence, attitudes of this model. Moreover, certain scholars (Anatoly S. Barabash, Alexander A. Brester, Konstantin V. Skoblik) consider the Public Model as the research programme. The article also includes comparison of Public Model with others (e.g. the Crime Control, Due Process, Adversarial Justice, Inquisitorial Justice). The current research applies the historical method, the method of interpretation of law, a deductive and inductive reasoning, argumentum ex contrario, contextual definitions, an interdisciplinary approach (the criminal procedure, philosophy of science, theory of cognition, decision theory).