The humanistic content of the moral and religious elements of criminal procedure forms

Morals and morality is immutable, immortal categories, covering every sphere of human life. Arisen essentially because of the need to restore the violated rights, the criminal process is no exception. The existence of a match between the norms of the criminal procedure code of the Russian Federation (hereinafter the code), morality and religion excludes any interpersonal conflicts of believers with their participation in the criminal process. Moral and religious elements of criminal procedure forms are separate rules embodied in the code of criminal procedure, having its origin in religious Scriptures and generally accepted moral norms that have arisen in the process of historical development, based on accepted in society the idea of good and evil, fair and unfair, and having an inclusive meaning. This article reveals the humanistic content of the moral and religious elements of criminal procedure forms. S.M. Prokofieva given in our view a fairly complete definition of the category of "humanization", namely: it is progressive, based on subjective and objective laws of the development of civilization, which consists in the quantitative accumulation and qualitative transformation of human values, types humanistic relations and their fields of action. Religious sources, denied in the Soviet period, religion and faith, proclaimed not progressive phenomena, after a long historical path, today at their correct interpretation, have a positive, humanistic value. Amendment to "correct interpretation" is given not just so, we can't help but notice that in today's multi-religious Russia, religion often becomes a weapon in the hands of those who seek to introduce confusion and fragmentation in society. Unfortunately, it has become possible because of gaps moral and religious upbringing of the person. The statistical analysis of the data provided by the Judicial Department under the Supreme Court of the Russian Federation, shows a decrease in recent years in the number of petitions considered by the courts on application of measures of restraint in the form of detention. This increased the number of considered applications of a measure of restraint in the form of house arrest and bail. Summarizing, we can say that moral and religious elements of criminal procedure forms based on humanity - humanity. Thus, the recent changes in criminal procedure legislation also directed not greater humanization of its norms. The activity of the legislator aimed at bringing the rules of criminal procedure in line with international standards, in harmony with the norms of morality and ethics that inevitably lead to even greater moral and religious elements of criminal procedure forms.

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