THE PURPOSE OF CRIMINAL LEGAL PROCEEDINGS: A CORRECTNESS OF STATEMENT OF A QUESTION

The author presents the critical analysis of concept "the purpose of criminal legal proceedings" from the point of view of semantics of a word the purpose and social conditionality of criminal legal proceedings. Authors and supporters of various theories of an origin of the state and the law recognize that the state and the law has appeared in a society as result of its evolution, as the form of its organization necessary at the certain stage of development for self-preservation of society and its each member. The dual nature of the state which have appeared in interests of its each member and a society as a whole, predetermines the contents of its activity - public and private. Criminal legal proceedings is a constant inherent in the state. It is means of realization of its basic functions - a safety of a society and its members (the public beginning) and protection of the rights and personal freedoms (the private beginning). The regulation of institutes which allow adequately public requirements to realize the public and private beginning, instead of a regulation of the correct purpose has practical value.