SOME ASPECTS OF FREE WILL IN CRIMINAL PROCEEDINGS

Abstract

The article examines some issues of the law enforcement officer's freedom of will within the framework of criminal procedural legal relations in connection with the problem of the dispositive principle in criminal proceedings. Questions are raised about the relationship between the concepts of publicity and dispositivity in the administration of justice in criminal cases. Conclusions are drawn that dispositivity in criminal proceedings is not opposed to its public beginning, but complements it for the purpose of achieving the assignment of criminal proceedings. The characteristic features of free will in criminal proceedings are revealed. The authors propose a definition of the concept of "free will" for the purposes of criminal proceedings. It is indicated that the freedom of will of a law enforcement officer in criminal proceedings can be implemented by a law enforcement officer only if he has the freedom to choose procedural behavior and if he is provided with appropriate resources, representing a set of procedural powers assigned to each of its participants. The concepts of "emotionality" and "conviction" are analyzed and compared. An exclusively technological approach to criminal proceedings is criticized, since the authors proceed from the fact that such a desire to optimize criminal procedural forms can deprive justice of an individual approach to the subject of the proceedings, and therefore justice in its criminal procedural sense in terms of equality of all before the law and the court and individualization of punishment.