"SYNTHETIC TENSION" OF PUBLIC AND PRIVATE LAW IN THE CONTEXT OF CONSTITUTIONALIZATION: CRIMINAL PROCEDURAL ASPECT

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Issue: №4 2018

Heading: Constitutional and municipal law


Tags

Keywords: constitutionalization of law; the constitutional Court of the Russian Federation; hybrid regulatory structures; criminal procedure legislation; seizure of property; ensuring human rights.

Annotation

The article analyzes the problematic aspects of the theory and practice of the constitutionalization of Russian law and legislation. The objective complexity of modern constitutional and legal relations is projected on all branches of law, including traditionally conceivable provisions and institutions of criminal procedure legislation. It creates significant difficulties of applying normative structures marked with a high voltage composite related to the objectives and priorities of public law and private law character, in particular, when imposing of arrests on the property. It creates significant difficulties of applying normative structures marked with a high voltage composite related to the objectives and priorities of public law and private law character, in particular, when imposing of arrests on the property. These difficulties do not" cancel " the task of ensuring human rights and freedoms in the context of the desired balance of interests, goals and values.