The Court vs Criminal Law Science?

Abstract

The investigation and consideration of a specific criminal case seem impossible without the use of scientific works containing a doctrinal interpretation of the applicable law, as well as an analysis and generalization of the practice of its application. Refusal to use or ignore the recommendations of experts in the field of criminal law science is fraught primarily with the erroneous application of substantive law or the adoption of decisions that do not take into account the legal positions of the Plenum of the Supreme Court of the Russian Federation. The result of such decisions by law enforcement officials and judges may be a violation of human rights and freedoms, which, in an era of growing challenges and new threats, have already been intensively and often forcibly restricted in many countries of the world, including Russia. Therefore, the task of practice is to work with science, taking into account its achievements and recommendations, to make decisions that will protect the rights and freedoms of citizens. The solution to this problem assumes that science itself should not be divorced from real life; it should explore problems and offer solutions that are relevant to law enforcement subjects.