Criminal procedural relations: conflictological and anthropological approaches
Автор: Mashinnikova N.O.
Журнал: Ex jure @ex-jure
Рубрика: Уголовно-правовые науки
Статья в выпуске: 1, 2025 года.
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The article examines the criminal process from the perspective of conflictological and anthropological approaches. Criminal proceedings are defined as a way of organizing the social life of a certain circle of people involved in it in order to resolve criminal legal conflicts. The necessity of using the term criminal legal conflict and its relationship with the concept of “crime” is substantiated. A criminal legal conflict is considered as the basis for the beginning of criminal procedural relations, and its resolution is considered as the result of the latter. It is concluded that the problem of maintaining a balance of interests when resolving criminal legal conflicts is due to the complexity of the structure of criminal procedural relations, since the latter include criminal legal (material) and criminal procedural legal relations, which have an independent structure and subject composition. The criteria for choosing a compromise (consensual) decision in a criminal case and the factors influencing the choice of such a decision are determined.
Criminal legal conflict, criminal procedural means, mediation, conflitological approach, anthropological approach, procedural needs and interests
Короткий адрес: https://sciup.org/147251646
IDR: 147251646 | DOI: 10.17072/2619-0648-2025-1-142-156