The Ratio of Private and Public Interests in the Implementation of Incentive Forms of Criminal Proceedings: From Competition to Balance

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Abstract

The purpose of the study. The balance of private and public interests in the implementation of incentive forms of criminal proceedings guarantees the participants of criminal procedural legal relations the exercise of their legal capabilities. In turn, the interest of a particular person influences the formation of the basis of the public interest of the state as a whole. The purpose of the study is to substantiate the balance of the interests under consideration when resolving a criminal law conflict in sophisticated forms of criminal proceedings. Conclusions. Independently, citizens who have reported the presence of a criminal law conflict do not have the opportunity to resolve it without the participation of the state and return to their original state exclusively in private. Only the State, with its strict control, realizing its public function, can grant them such a right.

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About the authors

Galina S. Rusman

South Ural State University (National Research University)

Author for correspondence.
Email: rusmangs@susu.ru
ORCID iD: 0000-0001-7776-2538
SPIN-code: 8361-4554

Cand. Sci. (Law), Associate Professor; Head of the Department of Criminal Process, Criminalistics and Judicial Examination

Russian Federation, Chelyabinsk

References

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