Встречное заявление по уголовным делам частного обвинения: сущность, порядок подачи и разрешения

Abstract

Introduction. In the presented article problems of acceptance and permission of counter claims for private prosecution are investigated. The matters in details were not considered in science of criminal procedure therefore have numerous gaps. Purpose. The purpose of article is formulation of legal essence of the counter claim and development of optimum theoretical model of permission of the counter claim along with initial one. Methodology. Article is based on the dialectic-materialistic method assuming studying of issues in total and an interconnection. Also special methods were applied: synthesis and analysis, induction and deduction, legallistic. Results. In article the standards of the criminal procedure law regulating an order of consideration and permission of counter claims are analyzed. Criteria of admissibility of connection of the counter claim with initial one are elaborated: indissoluble communication of the facts of reality and impossibility of the isolated research of the circumstances which are subject to proof. Offers on investment with the procedural status of participants of the trial are formulated. Authors of initial and counter statements have to be allocated at the same time with the statuses of the private accuser and defendant, investigative actions with them have to be made in the status of the defendant, without a warning of a criminal liability for standing mute and making obviously untruthful evidences.