The concept and typologisation of defects in the criminal procedure law
- DOI
- 10.5922/vestnikhum-2024-4-3
- Pages
- 25-37
Abstract
In the article, in the context of a systematic approach, views on the understanding of defects in law and the law are presented and analyzed, and the lack of a unified methodological basis for defining the concept of a defect in law is revealed. The criteria are formulated to identify the presence of a defect in the criminal procedure law. After studying the various views of scientists on the prospects for the development of the theory of legislative defects, taking into account the specifics and independence of the functioning of the conceptual apparatus of the criminal procedure law, the author’s concept of defects of the criminal procedure law is formulated. The existing views on the classification of defects of the law are presented, the possibility of dividing such defects into types is justified, bringing the author’s view of such a division.