Keyword: «criminal process»

The article discusses the possibility of using the elements of mediation procedure in the model of an alternative way to resolve a criminal law conflict. The analysis of the elements of this procedure and evaluation of the possibility and prospects of each element in the system of existing criminal proceedings.

The article discusses the problem questions of the legal and procedural mediator’s status in the Russian criminal procedure. Author focuses on a problem of mediator`s professional skills in resolving criminal law conflicts. Also, the problem of the lack of legislative regulation of the principles, which the mediator carries out his activities, is highlighted in the article. Author proposes possible solutions to solve these problematic issues.

The article analyzes the constitutional foundations of the balance between private and public interests in criminal proceedings. It examines the concept and features of this balance, its consolidation in the norms of the Constitution of the Russian Federation, and the role of the Constitutional Court in maintaining this balance through its legal positions.

The article is devoted to the analysis of the problems of realization of the right to defense at the stage of completion of the preliminary investigation in the criminal process. The systemic shortcomings of the procedure for familiarizing the accused and the defender with the materials of the criminal case are considered, including a formal approach to setting the time limits for familiarization, unreasonable refusals to satisfy the requests of the defense and restrictions on the participation of the defender. Specific legislative changes are proposed aimed at eliminating the identified problems and ensuring a balance between the effectiveness of the investigation and the constitutional rights of the accused.