Конвенційні процедури в кримінальному провадженні

Abstract

In this article we study alternative ways of resolving conflicts in criminal proceedings. We propose to call the use ofsuch alternative methods a generalized term – conventional procedures of criminal proceedings. Conventional proceduresinclude procedures for concluding agreements in criminal proceedings. The principle of discretion and deviation fromthe principle of publicity also occurs in cases: 1) when the prosecutor refuses to support the prosecution in court (theprinciple of publicity ceases to operate), and the victim agrees to support the accusation 2) when the investigator orprosecutor conducts an investigation and has the procedural authority to carry it out compulsorily (publicity principle).At the same time, the person being examined expresses a desire to pass the examination voluntarily (the principle ofdispositiveness begins to operate and the principle of publicity ceases to apply); 3) when the victim, the defense partyexpresses a desire to exercise their right to withdraw explanations from the participants in criminal proceedings, theprinciple of dispositiveness begins to operate, but it is not necessary that the principle of publicity does not work –proceedings). Summing up, the paper determines that the application of conventional procedures involves the implementationof the principle of dispositiveness and limitation or deviation from the principle of publicity. We argue that the conventionbetween the parties is an integral part of the modern civilized process, when the state, represented by bodies and officials,refuses to perform its functions in cases where the parties wish to exercise their rights and powers. The article stipulatesthat conventional procedures of criminal proceedings are a system of dispositive procedural elements of criminalproceedings, according to which the determining factor is the expression of will of its participants, aimed at resolvingcriminal and criminal procedural conflicts that arise both at the pre-trial investigation and trial.