Частно-публичный уголовно-процессуальный механизм применения уголовного закона в сфере экономической деятельности: генезис, идеология, политико-правовая сущность

Abstract

Purpose. The purpose of the article is to clarify the unique legal nature, structure, as well as the genesis of the criminal procedure mechanism for the application of criminal law in the field of economic activity. The research methodology includes dialectical, formal-logical, systematic, other general scientific methods of cognition of criminal procedural phenomena, as well as private scientific methods: the modeling method, comparative legal and other methods. Conclusions. The creation of a special kind of private-public criminal prosecution and prosecution should be understood as an attempt to solve the institutional problem of criminal legal protection of business interests by means provided by the criminal procedural form. Private-public prosecution, being a product of the investigative-Soviet criminal procedure system, is the engine of the criminal procedure mechanism for applying criminal legislation in the field of economic activity. The difference between the analyzed criminal procedural mechanism and other criminal procedural proceedings consists in a qualitatively new saturation of some elements of the criminal procedural matter with a private (dispositive) beginning. At the same time, the investigative form is a limiter for the introduction of a subsidiary accusation of the victim, as well as for changing the investigative technology of evidence to an adversarial one. Scientific and practical significance. The scientific significance of the study lies in the contribution that it makes to the development of the adversarial theory of criminal procedure. Its practical significance consists in proposals for the modernization of legislation regulating criminal procedural activities on the application of criminal law norms in the field of economic activity.