The Doctrine of Principles of Criminal Procedure in the Works of the Scientists of the Department of Criminal Procedure of ALCI-MLI-MSAL Part1: The Doctrine of Principles of Soviet Criminal Justice in the Works of the Scientists of the Criminal Procedure Department of the ALCI
The research of outstanding scientists of the Department of Criminal Procedure Law of the ALCI has made a great contribution to the development of the doctrine of principles of criminal proceedings. The works by Cheltsov M.A., Malkevich T.V., Tyrichev I.V., Lupinskaia P.A. serve as the basis for the modern research in this sphere to this day. Cheltsov (Cheltsov-Bebutov) M.A. was one of the first Soviet scientists, who proposed the system of principles of soviet criminal procedure, among which he distinguished two "supreme" principles, namely, the principle of procedural expediency and the principle of procedural democracy, on the basis of which the system of more specific principles was further developed. He criticized separating the principle of publicity into an independent principle and referred it to the principle of legality. He insisted on introducing the principle of speedy process and, thus, he anticipated the introduction of the principle of reasonable duration of criminal proceedings. Malkevich T.V. analyzed the origin and the nature of the adversarial principle. Her conclusion regarding the absence of the adversarial elements corresponded to the development of the Soviet Criminal Procedure Law in the middle of the 20th century and to the provisions of the Criminal Procedure Code (CPC) of the RSFSR that secured the active rope of the court in the proceedings and the absence of counsel (an advocate) during the preliminary investigation. Tyrichev I.B. developed the concept of principles of the Soviet criminal trial, proved that the principles are objective in their content and subjective in the form of legal expression, and criticized the establishment of the hierarchy of principles, as he believed that all the principles together form a single system and are equally important for criminal proceedings. Lupinskaia P.A. consistently insisted on establishing the criminal proceedings of the law enforcement type on the basis of democratic principles. She developed the theory of decisions that underlined the importance of the principles of the criminal procedure for both the legislative regulation of the process of proving and making decisions and for law enforcement. Lupinskaia P.A. pointed out that the requirement to establish the truth in every case is incompatible with the right of the accused to remain silent and the right of individuals to witness immunity.