Conventional Procedures and Methods of Their Implementation in Criminal Proceedings

Abstract

In this article we study alternative ways of resolving conflicts in criminal proceedings. We propose to call the use of such alternative methods a generalized term – conventional procedures of criminal proceedings. Conventional procedures include procedures for concluding agreements in criminal proceedings. However, in our opinion, not only agreements in criminal proceedings are a manifestation of the principle of dispositiveness, an example of conventionality in criminal proceedings. The principle of discretion and deviation from the principle of publicity also occurs in cases: 1) when the prosecutor refuses to support the prosecution in court (the principle of publicity ceases to operate), and the victim agrees to support the accusation 2) when the investigator or prosecutor conducts an investigation and has the procedural authority to carry it out compulsorily (publicity principle). At the same time, the person being examined expresses a desire to pass the examination voluntarily (the principle of dispositiveness begins to operate and the principle of publicity ceases to apply); 3) when the victim, the defense party expresses a desire to exercise their right to withdraw explanations from the participants in criminal proceedings, the principle of dispositiveness begins to operate, but it is not necessary that the principle of publicity does not work – proceedings). Summing up, the paper determines that the application of conventional procedures involves the implementation of the principle of dispositiveness and limitation or deviation from the principle of publicity. We argue that the convention between the parties is an integral part of the modern civilized process, when the state, represented by bodies and officials, refuses to perform its functions in cases where the parties wish to exercise their rights and powers. The article stipulates that conventional procedures of criminal proceedings are a system of dispositive procedural elements of criminal proceedings, according to which the determining factor is the expression of will of its participants, aimed at resolving criminal and criminal procedural conflicts that arise both at the pre-trial investigation and trial. Key words: convention procedures, agreements, criminal proceedings, convention, agreement, consent, voluntariness, dispositiveness.