Prerequisites for the application of alternative methods of resolving criminal law and criminal procedure conflicts

Abstract

The article examines the prerequisites for the use of alternative methods of resolving criminal law and / or criminal procedure conflicts. It is stated that the use of alternative dispute resolution in criminal proceedings is possible only if changes or differentiation of the criminal procedure form, taking into account the interests of participants in criminal law and / or criminal procedure conflict. A positive consequence of the use of alternatives is procedural economy and speed of criminal proceedings, with an unconditional guarantee of achieving the objectives of the criminal process and ensuring the protection of the rights and legally protected interests of persons in criminal proceedings in their application. It is noted that at the present stage of development of criminal procedure legislation the differentiation of procedural forms is one of the priority conditions for the rational use of procedural means, contributes to greater efficiency and effectiveness of criminal proceedings with significant procedural savings. The bases and criteria of differentiation of the criminal-procedural form are investigated. It is noted that compromise constructions are the result of a combination of two principles of the criminal process - public and dispositive, and their application is possible only in a competitive process. The material and practical component of the differentiation of the criminal procedure form is singled out, and attention is focused on the division of the criminal procedure form when applying alternatives to the simplified and complicated forms depending on the law enforcement. Based on the study, it was concluded that the implementation of conciliation procedures in the system of alternative resolution of legal conflicts (disputes) in criminal proceedings largely depends on the differentiation of criminal procedure, procedural economy, speed of criminal proceedings, as well as taking into account the interests of criminal and procedural conflicts. Key words: criminal process, procedural economy, procedural form, conflict, compromise, differentiation, interest, alternative.