ЮРИДИЧНА ПРИРОДА ПРАВА НА КОМПРОМІС ТА ЙОГО ВПЛИВ НА КРИМІНАЛЬНО-ПРОЦЕСУАЛЬНУ ФОРМУ

Abstract

An effective way to resolve a conflict that has arisen as a result of a criminal offense may be the use of compromise procedures in criminal proceedings, along with traditional ones, the effectiveness of which is proven by law enforcement experience in almost all progressive countries with established legal traditions. Despite the significant contribution of scientists to the development of compromise issues in criminal proceedings, a significant number of its theoretical and practical aspects have not been studied, disclosed in fragments, incompletely or have not received a clear solution. None of the scholars has fully studied the right to compromise and the forms of its implementation in criminal proceedings, the legal nature of the right to compromise and its impact on the criminal procedure. The purpose of the article is to study the legal nature of the right to compromise and its impact on the criminal procedure form through certain forms of implementation of the above right: study of the implementation of objective and subjective right to compromise in criminal proceedings; determination of holders and subjects of realization of the right to compromise; outlining approaches to the differentiation of criminal procedure; differentiation of conciliation procedures in criminal proceedings from the forms of realization of the right to compromise, etc. It is noted about the positive impact of the right to compromise in criminal proceedings on its participants, which allows to take into account their interests in resolving the criminal conflict and eliminate the negative consequences of criminal acts for the parties to the conflict and for the state and society as a whole. It is concluded that for criminal procedure law in general, and the right to compromise in particular, an important dominant and factor is individualization. Thus, the bearers of the right to compromise in criminal proceedings are the victim and the suspect (accused), as the right to compromise is a personal right. It is stated that the implementation of the right to compromise in the criminal process of Ukraine has influenced the criminal procedure, finally changing it, and led to the emergence of a new type of criminal process – pragmatic. The pragmatic type of criminal process can be traced in the norms of domestic legislation concerning the exercise of the right to compromise in the criminal justice of Ukraine, both through its private-pragmatic and public-pragmatic types. A striking example of a private-pragmatic type of process in the exercise of the right to compromise is the use of such institutions as the release of a person from criminal liability in connection with reconciliation, a reconciliation agreement between victim and suspect (accused) and we can safely say that this expression the type of process in the future will find during the application of the institution of mediation in criminal proceedings (in the case of its introduction in court). The provisions concerning the scope of the public-pragmatic type of process should include a plea agreement. It is concluded that the forms of realization of the right to compromise in the criminal process of Ukraine are release from criminal liability in connection with the reconciliation of the guilty with the victim, agreements on reconciliation and guilt, mediation.