SOME PROBLEMS IN IMPLEMENTATION OF JUSTICE CAUSED BY LEGISLATIVE CHANGES

Abstract

The paper deals with a new right of the defense side in defense right assurance system-to conduct investigation actions search and seizure and with the deprivation of the exceptional right to the defense side-to submit one additional evidence during the process. Current legislative practice, as well as relevant logic analysis of changes in Procedural Law proceeding from this practice, give basis to conclude, that actually the right given to the defense side to conduct investigation actions search and seizure represents the right to initiate these actions. Moreover, changes were followed by other accompanying problems: Defense side will not be able to independently conduct any investigation works, which need to be decided by judge, in this case it is not related only to the search and seizure. It implies that the defendant and his lawyer are deprived the right to conduct investigation works on the basis of judge’s decision and this right was given to the investigator. In this case, the role of the defense side is not reflected only in the initiation of investigation works.

Despite the fact, that such investigation works are conducted by the investigator, who does not investigate the given case, though it is illogical to assert that the investigator, being the employee of the same body, will act against his own colleague.

Against this background, deprivation of the exceptional right to the defense side breaks the balance between the parties, especially when the prosecution still bears the right to conduct investigation works in case of urgent necessity unlike the defense side, not
to say anything about the system, access to the information, the quality of ability to conduct other investigation works etc.

Ultimately, the said imbalance essentially hampers the implementation of the right, objective, fair and dynamically developed justice.