МОРАЛЬНО-ЕТИЧНА ТА ПРАГМАТИЧНА СКЛАДОВІ ЮРИДИЧНОЇ ПРИРОДИ ПРАВА... НА КОМПРОМІС У КРИМІНАЛЬНОМУ ПРОЦЕСІ УКРАЇНИ

Abstract

The transformation that humanity is currently experiencing is leading to fundamental changes in every sphere of human existence. The changes dictated by the requirements of the time, the renaissance of the ideas of humanism as the ideological basis of society, leads to reforms in the field of criminal justice, changing and introducing new into the domestic criminal procedure legislation. The legislator is constantly looking for new effective ways for the state and society to respond to criminal offenses and combat crime, with the negative consequences of the ineffectiveness of only traditional prosecution and punishment. An effective way to resolve a conflict that has arisen as a result of a crime may be to use compromise procedures in criminal proceedings, along with traditional ones. Despite the sufficient number of scientific studies of certain criminal procedural mechanisms of compromise or conciliatory nature, it should be noted the lack of scientific research on the right to compromise in the criminal process of Ukraine and its implementation, the study of its legal nature through the prism of morality and pragmatism. the right to compromise in the criminal process of Ukraine». The aim of the article is to study the influence of moral and ethical components and pragmatic approach in the compromise solution of criminal conflict between the state, the perpetrator and the victim of the legal nature of the right to compromise in the criminal process of Ukraine and the author’s definition of «right to compromise». in the criminal process of Ukraine «. The results of scientific research by the author of this issue were the conclusion that morality, in some cases, prevails over the imperative of legal liability for what is done in case of guilty remorse, evaluation and willingness to voluntarily make amends to the victim, compensating the latter. . A clear example of this is the mechanisms for exercising the right to compromise in criminal proceedings, which are enshrined in law and at the legislative level. After analyzing the moral and ethical and pragmatic components of the legal nature of the right to compromise in criminal proceedings, the author’s definition of the right to compromise in criminal proceedings in Ukraine – the right to receive values, benefits of a regenerative nature, which corresponds to the duty of the perpetrator both for the victim and for society, in order to restore the disturbed public peace, security and law and order.