Theoretical and Functional Analysis of the Legal Doctrine of the Presumption of Innocence

Ainur Gilmullin* and Vagip Abdrashitov
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Ainur Gilmullin*: Kazan Federal University Kazan Federal University, assistant of the Department of Theory and History of State and Law, Russia
Vagip Abdrashitov: Volgograd State University, doctor of law, associate Professor of the Department of Theory and History of State and Law, Russia

The Journal of Social Sciences Research, 2018, 507-510 Special Issue: 1

Abstract: The article covers the functional potential of the legal doctrine of the presumption of innocence in the context of its manifestation in the legal system of the Russian state. It is noted that the legal doctrine as the teaching of authoritative experts, apologists, highly qualified specialists in the field of law, contains in its structure the scientific-theoretical and practical-applied constructions and the knowledge concerning the remaining elements of the legal system of the Russian state. It is specially emphasized that the legal doctrine of the presumption of innocence represents a crown of guarantees for the rights and freedoms of man and citizen as one of the achievements of legal theoretical science and practice based on the achievements of well-known scientific theories and practical developments in which it exerts a special influence on the lawmaker and the executor of law, forms representations about the proper image of law, its guarantees, prospects for its development. It is separately noted that the legal doctrine of the presumption of innocence effectively and actively influences the formation of basic and essential features, both separate elements and their groups, has a significant influence on the internal structuring, the concerted actions and functioning of the entire legal system of modern Russia through the implementation in its separate elements (normative legal acts, decisions of the Constitutional Court of the Russian Federation, decisions and guidance clarifications of the Supreme Court of the Russian Federation, reviews of law enforcement practice).

Keywords: Legal doctrine; The presumption of innocence; The constitution; The Legal system; The rights and freedoms of man and citizen. (search for similar items in EconPapers)
Date: 2018
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