On the issue of moral and ethical norms as the basis of criminal proceedings

Abstract

The article provides additional justification in favor of the position on the determining role of moral and ethical norms as the basis of criminal proceedings. The important social significance of criminal proceedings in solving law enforcement tasks for an individual, society, and the state is emphasized. Along with this, it is proposed to consider such activity as a form of socially organized activity, which is regulated not only by legal but also by other norms, in particular by moral norms.

The article points out the importance of values ​​and value orientations, moral and ethical norms for the formation of rules of behavior of participants in both social relations in general and relations in the field of criminal justice. Attention is focused on their exclusivity in the process of regulating social relations and forming the behavior of a person.

The opinion is substantiated that, along with the principles of criminal proceedings, it is important and necessary to include moral and ethical norms in the regulation of criminal procedural activity as its basis, as well as their recognition as criteria for assessing the behavior of its participants, especially state bodies and their officials. Accordingly, it is proposed to expand and deepen the forms, methods and ways of including moral and ethical norms in the system of legal regulation of criminal proceedings as its basis. There are reasons to believe that this will contribute to the real establishment and protection of the rights and freedoms of the individual in criminal proceedings, ensure the implementation of the right to a fair trial and become a condition for the adoption of lawful, well-founded, motivated, and most importantly, fair judicial decisions.

The need for further formation of legal awareness and legal culture of the population on the basis of generally recognized values ​​of civil society and a democratic state, as well as legal principles and moral values, is noted, which especially concerns both future and current employees of law enforcement and judicial bodies.