Balance of content and form in criminal proceedings

In the study, author's attention is focused on issues of content and form as important components a balanced model criminal proceedings. The balance ensures performance procedural functions, use rights powers, defense legal positions application norms based rule law. It was determined that proceedings in broad sense reflects its internal quality, determines meaning existence, teleological axiological components. presents external kind documentary-procedural "shell". objectifies, concretizes broadcasts abstract law enforcement activities by implementing rules, procedures, requirements, orders, standards, etc. article examines multiplicity approaches to determining form, which are used legislation discussed scientific doctrine. Special paid issue unification differentiation addition, thoughts concept "formalism" presented study. proposed distinguish standard formalism an integral attribute democratic, state, aberrational (from Latin aberratio – deviation, distortion) harmful phenomenon, hybrid hybrida mixing) objectively existing phenomenon practice. established key difference between violations such does not go beyond field, then violation (substantial or insignificant, obvious obvious) always outside conclusions emphasize should correspond convey content. Together, they build complete system transforms principles from state constructions real result Risks imbalance dichotomy "content - form" arise due inconsistency. This inconsistency can be shortcomings formalism, existence potentially increases with formalism.