THE TURBULENT AND LAMINAR TYPES OF DOMESTIC CRIMINAL PROCEDURE: HYPOTHESES AND CONCEPTS
Abstract and keywords
Abstract (English):
All domestic types of criminal procedure are divided into turbulent (adversarial and mixed) and laminar (accusatory and investigative) in scientific article. The hypothesis that there is a certain relationship between the prevailing type of criminal procedure and its inherent types of criminal prosecution was made. The legal family of an analyzed country lies in the basis for the construction the technology of criminal procedure. But, despite the single basis, the type of criminal process created on its basis always has national characteristics and only its inherent concepts. Each type has its own unique production order. The author defends the concept of evolution types from one to another, taking into account the scientific paradigm and the worldview of society of a particular historical period. The procedural guideline for development is the ideal model of criminal procedure which is adjusted, supplemented and improved for each milestone of the procedural dialectic acting as a kind of de lege ferenda. The hypothesis about the expediency of designing a convergent type of criminal process which will allow for optimal correlation of claim and search technologies, will improve the methodological and theoretical foundation of criminal procedural activity was expressed in scientific article. The increasing the quantitative participation of citizens in the dispensation of justice should play the leading role in this typological transition.

Keywords:
type, order, model, competitiveness, interaction, legal family, technology
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References

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