On the issue of evaluation categories in criminal proceedings

The article examines the problem of the correlation of such concepts as dispositivity, discretion and discretion in the aspect of the use of evaluation categories in criminal proceedings, which is often perceived as conditions for abuse of rights by officials conducting criminal proceedings. Materials and methods: The normative basis of the research consists of the provisions of the Constitution of the Russian Federation, resolutions of the Plenum of the Supreme Court of the Russian Federation and resolutions of the Constitutional Court of the Russian Federation, scientific research in the field of criminal proceedings. The methodological basis of the research was the general dialectical method of scientific cognition, which has a universal character, as well as methods of logical deduction, induction, cognitive methods, methods of comparison, analysis, generalization and description. The Results of the study: allowed to demonstrate the connection of discretionary powers of the power participants of criminal procedural legal relations with the public nature of criminal proceedings, to reveal the main features of dispositive principles in criminal proceedings, the role of discretion of the law enforcement officer when using evaluative concepts. Findings and Conclusions: the public nature of criminal proceedings does not exclude the dispositivity of participants in criminal proceedings who realize their personal (private) interests or the interests of persons represented (protected) by them. Officials conducting criminal proceedings within the discretionary powers granted to them exercise the possibility of discretion in choosing alternative actions and decisions, based on established circumstances and motivating their conclusions. Evaluation categories make it possible, with the imperative method of criminal procedural regulation, to take into account individual characteristics in a particular criminal case, taking into account the moral foundations of criminal proceedings.