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Заключения по правовым вопросам в уголовном процессе
Аннотация. The authors analyses the legal maxim “iura novit curia” in a contemporary criminal procedure. It is concluded that this maxim clearly cannot be supported due to exceptional difficulty of legal regulation today. That is why the trial court needs in some kind of assistance in legal matters. However, Russian criminal procedure legislation does not provide any legal tool for such assistance. The day-to-day court’s practice varies from neglecting such assistance to its acceptance either as expert report or as witness statements. The authors analyses these approaches and concludes that there is a necessity in a special legal regime similar to one adopted in arbitration proceedings in Russia. They propose several principles of such regime. The main conclusion is that the judge is not required to follow the proposed legal assistance. However, he may follow the reasoning behind it if he finds it conclusive