Balance of interests of the individual, society and the state: in search of ways to reform criminal proceedings

The article is devoted to the consideration of the issues of the correlation of individual rights and the fight against crime in criminal procedural activities, as well as the search for ways to ensure a balance of interests of the individual, society and the state. The type of criminal proceedings and public opinion on the effectiveness of the entire criminal justice system largely depends on the solution of these issues. The objective of the study was to determine who and how should ensure the achievement of a balance of interests of the individual, society and the state in the criminal process, as well as to consider the possibilities of optimizing this activity. The solution of the task was realized using a complex of general scientific and private scientific methods of cognition (dialectical, logical, systemic, structural-functional, formal-legal and other methods). The authors came to the conclusion that ensuring the balance of interests of the individual, society and the state in the field of criminal proceedings is mainly entrusted to the prosecutor. In this regard, the system of values underlying its activities will largely determine the ratio of the realization of the rights of the individual, society and the state in the relevant area, and consequently, the type (model) of the criminal process. However, the employees of the prosecutor’s office are overloaded with their functions and powers, which makes their work ineffective. The authors propose the introduction of a risk management system, as well as the expansion of transparency of criminal proceedings at all its stages, which will optimize the criminal procedural activities of the prosecutor.