Private Procedural Classification in the Mechanism for Exercise of the Rights of Participants of a Criminal Proceeding of Persons with Disabilities

Svetlana Kurbatova, Alexey Rusakov

2021

Abstract

This article, for the first time, taking into account the compensatory approach, reveals the sequence of using the classification of persons with disabilities as an element of legal technology, proposed to identify these persons among the participants of criminal proceedings and resolve issues on the possibility of using a compensatory mechanism in order to provide these participants of the criminal proceedings with equal opportunities to exercise their procedural rights and obligations. The main elements of such a compensatory mechanism have been created and exist in the framework of international criminal law and in the national legislation of some states. The authors base their conclusions on social practices, indicating, that a certain amount of the world's population (including Russia) has varying degrees of severity of cognitive disorders and believe, that this is due to various reasons (age, medical, psychological, physiological, social, etc.). Since these persons are periodically involved in the sphere of criminal proceedings as suspects, accused, victims, witnesses, the article provides an analysis of the use of legal technology to resolve the issue of how to provide them with the opportunity to participate in criminal proceedings on an equal basis with others, to defend their interests, to receive equal access to justice, to exercise the right for defense and acquittance in case of innocence, the right for a fair punishment for offense, etc. The authors note the absence of guarantees, secured in legislation, that ensure the opportunity of full exercise of their rights and procedural technologies for leveling the legal status of participants of criminal proceedings of persons with disabilities, which leads to a violation of a number of rights and legal principles, secured in both Russian legislation and at international legal level. In this article, the authors justify the thesis, that the legal technology under study is based on a complex of definitions, classifications and the sequence of their practical implementation.

Paper Citation

in Harvard Style

Kurbatova S. and Rusakov A. (2021). Private Procedural Classification in the Mechanism for Exercise of the Rights of Participants of a Criminal Proceeding of Persons with Disabilities. In Proceedings of the 1st International Scientific Forum on Jurisprudence - Volume 1: WFLAW, ISBN 978-989-758-598-2, pages 72-76. DOI: 10.5220/0010662100003224

in Bibtex Style

@conference{wflaw21,
author={Svetlana Kurbatova and Alexey Rusakov},
title={Private Procedural Classification in the Mechanism for Exercise of the Rights of Participants of a Criminal Proceeding of Persons with Disabilities},
booktitle={Proceedings of the 1st International Scientific Forum on Jurisprudence - Volume 1: WFLAW,},
year={2021},
pages={72-76},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010662100003224},
isbn={978-989-758-598-2},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Scientific Forum on Jurisprudence - Volume 1: WFLAW,
TI - Private Procedural Classification in the Mechanism for Exercise of the Rights of Participants of a Criminal Proceeding of Persons with Disabilities
SN - 978-989-758-598-2
AU - Kurbatova S.
AU - Rusakov A.
PY - 2021
SP - 72
EP - 76
DO - 10.5220/0010662100003224