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To the question of possible directions of modernization of conciliatory criminal procedural procedures

https://doi.org/10.31429/20785836-14-4-74-81

Abstract

The rapid development of legislation related to the peaceful settlement of criminal law disputes creates the need to create a scientific basis for legal construction in this direction. To date, several basic models of conciliatory criminal procedure procedures have been identified. Firstly, this is a mediation model, which involves the participation of an official or unofficial mediator in achieving reconciliation between the victim and the accused, as well as the development of other conditions for the termination of criminal prosecution. The mediator should contribute to the unofficial reconciliation of the victim with the accused, especially in cases of minors, where the question is raised of replacing punishment with a measure of compulsory educational influence. Anthropological and psychological factors are important in mediation, reconciliation must be real and accompanied by repentance of the perpetrator and have an educational effect. At the same time, the compensatory factor has a subsidiary value and is the subject of agreement between the parties. In the conciliatory procedure of «transaction», which is embodied in Article 28.1 of the Code of Criminal Procedure of the Russian Federation, the main goal is to compensate for the material damage caused by the crime in full. The legal composition of the material basis of a «transaction» is limited to material compensation. Therefore, the scope of this conciliation procedure should be limited to crimes against other people's property of small and medium gravity, as well as tax crimes and some crimes of an economic nature.
The purpose of this work is to classify the types and identify the main patterns of development of conciliation procedures as grounds for determining possible directions of their modernization. The objectives of the study include identifying differences in the types of conciliation procedures, allocation of classification criteria, establishing the absence of the necessary components of each of them, which require replenishment in the subsequent legal construction. The main methods of achieving the set goals and solving problems, along with dialectics, logical and formal legal methods of cognition and evaluation of the data obtained, were the method of comparative jurisprudence and the systematic method, which made it possible to implement a comprehensive, intersectoral approach.
The results of the study were the author's proposals regarding promising directions for the development of conciliatory criminal procedural procedures related to the concentration of powers for their application by the prosecutor and the investigating judge.

About the Author

V. V. Kolesnik
Rostov Branch of the Russian State University of Justice
Russian Federation

Veronika V. Kolesnik, Cand. of Sci. (Law), Associate Professor, Associate Professor of the Department of Criminal Procedure Law

Lenin Avenue, 66, Rostov-on-Don, 344038



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For citations:


Kolesnik V.V. To the question of possible directions of modernization of conciliatory criminal procedural procedures. Legal Bulletin of the Kuban State University. 2022;(4):74-81. (In Russ.) https://doi.org/10.31429/20785836-14-4-74-81

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ISSN 2078-5836 (Print)
ISSN 2782-5841 (Online)