Objective and Subjective View on the Principles of Criminal Procedure
In Russian legal studies it would be diffiult to fid a work which denies the existence of legal principles. The author argues that principles of criminal procedure are necessary; they do not allow applying the norms literally without regard to their meaning defied by the legislator. They are the legal fiters when applying all the norms of criminal procedure. Principles represent the logic of legal relations, they are developed by the evolution of society and law and are recognized by majority. However, there are examples in the Russian history when a principle was not provided by a legal act (like the principle of objective truth in the Soviet legislation). This is explained by the fact that the principle has two main components: the essence (objectively existing idea, recognized by the majority) and legal expression. Therefore the principles can be perceived objectively and subjectively. From an objective point of view there is a principle - the universal idea of humanity recognized by the majority. From the subjective point of view there exists a legislator’s attitude to this idea, so it can or cannot be recognized as a principle, provided by law and applied. The idea is stable and can only change its form. If it is not recognized as a principle, it does not hide the fact of its existence but only expresses the subjective attitude to the principle. Also the desire to incorporate some idea into the law does not mean that this idea belongs to the principles.