The ratio of public prosecution and different types of criminal prosecution in the context of realization of criminal policy in the Russian Federation
Автор: Chigrin Dmitrii Andreevich
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Уголовное право и криминология. Уголовно-исполнительное право. Уголовный процесс
Статья в выпуске: 3 (41), 2015 года.
Бесплатный доступ
This article analyzes the regulation of criminal prosecution and its types. In Russian criminal procedure there are three types of criminal prosecution: public, private and private-public. The author covers the relevant theoretical and practical issues. The ratio of these procedures and state prosecution in court is analyzed. The relationship between “private” and “public” in criminal procedure is reviewed, including the ratio of the interest of a private individual and the public interest. The author also discusses the prosecution of cases in which penal actions are conducted in private-public order. Within this theme the author reveals key trends of the state criminal policy. The analysis shows that the current criminal and procedure legislature is characterized by the absolute dominance of public sources. Proposals to improve current legal regulation are made. The article is prepared with usage of current scientific researches, judicial practice of the Constitutional Court of the Russian Federation, the latest changes of the criminal and procedural legislation are taken into account.
Criminal prosecution, public prosecution, criminal policy, criminal and procedural policy, private-public sources
Короткий адрес: https://sciup.org/142232625
IDR: 142232625