The Ratio of Private and Public Interests in the Implementation of Incentive Forms of Criminal Proceedings: From Competition to Balance
( Pp. 194-198)
More about authors
Galina S. Rusman
Cand. Sci. (Law), Associate Professor, Head of the Department of Criminal Process, Criminalistics and Judicial Examination; South Ural State University
South Ural State University (National Research University)
Chelyabinsk, Russian Federation
South Ural State University (National Research University)
Chelyabinsk, Russian Federation
Abstract:
The purpose of the study. The balance of private and public interests in the implementation of incentive forms of criminal proceedings guarantees the participants of criminal procedural legal relations the exercise of their legal capabilities. In turn, the interest of a particular person influences the formation of the basis of the public interest of the state as a whole. The purpose of the study is to substantiate the balance of the interests under consideration when resolving a criminal law conflict in sophisticated forms of criminal proceedings. Conclusions. Independently, citizens who have reported the presence of a criminal law conflict do not have the opportunity to resolve it without the participation of the state and return to their original state exclusively in private. Only the State, with its strict control, realizing its public function, can grant them such a right.
How to Cite:
Rusman G. S. The Ratio of Private and Public Interests in the Implementation of Incentive Forms of Criminal Proceedings: From Competition to Balance // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2023. Vol. 19. № 1. P. 194-198. (in Russ.) DOI: 10.33693/2541-8025-2023-19-1-194-198
Reference list:
Golovko L.V. The State and its criminal proceedings: monograph. Moscow, 2022. 464 p.
Davletov A.A., Barabash A.S. The place and role of publicity in criminal proceedings // Russian Law Journal. 2011. № 4 (79). pp. 125–136.
Kaminsky E.S. On public and private interest in criminal proceedings // Scientific notes of the Kazan branch of the Russian State University of Justice. 2018. Vol. 14. pp. 270–280.
Kaminsky E.S. Ensuring public legal interests in the application of alternative methods of resolving criminal law conflicts in pre-trial proceedings: dissertation ... of the candidate of Law. Moscow, 2021. 199 p.
Nichiporenko A.A. Publicity in supervisory proceedings in criminal proceedings: dissertation ... of the candidate of Law. Moscow, 2018. 210 p.
Chelokhsaev O.Z. The principle of protection of human and civil rights and freedoms and its implementation in criminal proceedings: dissertation ... of the candidate of Law. Moscow, 2017. 158 p.
Sharipova A.R. Convergence in procedural branches of law: prospects of judicial law and criminal procedure // State and law. 2021. №. 7. pp. 115–124.
Davletov A.A., Barabash A.S. The place and role of publicity in criminal proceedings // Russian Law Journal. 2011. № 4 (79). pp. 125–136.
Kaminsky E.S. On public and private interest in criminal proceedings // Scientific notes of the Kazan branch of the Russian State University of Justice. 2018. Vol. 14. pp. 270–280.
Kaminsky E.S. Ensuring public legal interests in the application of alternative methods of resolving criminal law conflicts in pre-trial proceedings: dissertation ... of the candidate of Law. Moscow, 2021. 199 p.
Nichiporenko A.A. Publicity in supervisory proceedings in criminal proceedings: dissertation ... of the candidate of Law. Moscow, 2018. 210 p.
Chelokhsaev O.Z. The principle of protection of human and civil rights and freedoms and its implementation in criminal proceedings: dissertation ... of the candidate of Law. Moscow, 2017. 158 p.
Sharipova A.R. Convergence in procedural branches of law: prospects of judicial law and criminal procedure // State and law. 2021. №. 7. pp. 115–124.
Keywords:
criminal proceedings, incentive forms of criminal proceedings, termination of a criminal case, simplified procedure for consideration of a criminal case, public beginnings in criminal proceedings, private beginnings in criminal proceedings..
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