Subject of Criminal Procedure

The theory of law traditionally understands the subject of sectoral legal regulation as a certain set of social relations regulated by the norms of this branch of law. Rare exceptions include criminal procedure that interprets the subject of criminal procedure regulation as the activity carried out by participants in criminal proceedings during specific criminal case proceedings. The relations arising out of it are secondary and derived from criminal procedural activity. This interpretation of the subject of criminal procedure regulation does not reflect its specificity, but results from misunderstanding of the nature of social relations and its identification with the nature of personal relations. The system of public relations is objective, with each participant only integrating into it through activity, without generating relations. Accordingly, the branch of law regulates relations rather than activity.

Keywords

Authors

References