The Role of the Court in Balancing Private and Public Interests in Criminal Proceedings

Abstract

Introduction. The transformation of the state policy in the sphere of public and private law, expressed in the priority protection of the rights and legitimate interests of the individual in any sphere of public life, which influenced the rethinking of the true purpose of the court in society – the administration of justice as the main function of the judiciary, led to the deprivation of the judicial activity of a repressive orientation and led to the reform of the judicial system and judicial proceedings, including criminal proceedings. But a number of problems remained unresolved. Among such problems, the problem of strengthening the judicial power and its implementation in the course of criminal proceedings remains important. The institute of judicial power is the subject of scientific interest of many scientists, their systematic theoretical and applied research, the results of which will make it possible to develop an optimal model of legal regulation of the court’s activities for the implementation of judicial power in criminal proceedings. Theoretical Basis. Methods. The theoretical basis of the research is scientific works in the field of philosophy of law, theory of law, constitutional and criminal procedure law, devoted to such a legal phenomenon as the judiciary, from the position of not only determining its essence and formation, but mainly as a tool for resolving the eternal conflict between the state and the individual in all areas of legal regulation of public relations, including the criminal process. The use of the universal dialectical method of cognition made it possible to study such a legal phenomenon as the judiciary in the development, interdependence and interrelation with such categories as “justice” and “judicial proceedings”. Results. The article reveals promising directions for expanding the dispositive, private principles in such a public sphere as the investigation, consideration and resolution of a criminal case, which can give the court’s activities in the field of criminal justice a truly human rights-based and dispositive character. Discussion and Conclusion. The twenty-year experience of law enforcement practice in the context of the democratization of the Russian state testifies to the constant reform of the judicial system and judicial proceedings in order to strengthen the legal status not only of the court as the sole bearer of judicial power, but also the procedural status of participants in any legal dispute or conflict by giving them greater rights and opportunities to defend their legitimate interests. However, further scientific research of the issues under consideration and the preparation of conceptual proposals to the legislator aimed at changing the norms of the current criminal procedure law are necessary.