The Interrelation Between the Procedural Truth and Reasonable Terms of its Establishment

• Published in: Legal Concept = Pravovaya Paradigma 2014-01 (4(25))
• Main Authors: Solovyeva, Natalya Alekseevna, Shinkaruk Vladimir Markovich
• Format: Article
• Language: eng ; rus
• Subjects: Criminal procedure
• ISSN: 2587-8115

In the present article the authors prove that the introduction of reasonable terms into criminal procedure legislation removes the apparent, at first glance, contradiction between completeness and speed of the criminal proceedings, providing not only the potential, but also the real opportunity to establish the truth. The conducted analysis of the legal literature let draw some conclusions, revealing the problem of the correlation between reasonable terms and truth in the criminal proceeding. According to the authors, one must agree that the use of the term "procedural truth" most accurately reflects the concept of objective truth in the conditions of the current criminal procedural legislation, emphasizing the specificity of the subject of criminal proceedings. Тhe article explains that the influence of terms necessary for establishing the procedural truth is conditioned by the fact that the search for truth is not only an object, but also the means of its detection, as well as stages. When we talk about the stages, the question about their terms is raised - these stages should occupy reasonable time. Besides, the reasonable period of time is characterized not only by simple briefness, it should also ensure a person's peace of mind, their sense of security, excluding the duration of anxiety as a traumatic factor, on the one hand, and ensuring the establishment of procedural truth, on the other hand. Such understanding of reasonable time period allows consider it as a principle of criminal proceedings, not as a requirement claimed to the procedural terms