Conciliation procedures in criminal proceedings in courts of first instance in Russia
Keywords:
Conciliation procedures, Differentiated proceedings, Court of first instance, Criminal proceedings, Criminal caseAbstract
This paper focuses on the institute of conciliation in criminal proceedings in first instance courts of the Russian Federation. The research aims to examine the unique aspects of the reconciliation institution in criminal proceedings used to resolve criminal cases through justice in first instance courts. The author employed various research methods, including formal legal analysis, comparative legal methods, and a systemic approach to achieve this aim. The use of formal legal analysis allowed for the definition of special procedures for making a court judgment in accordance with the Criminal Procedure Code of the Russian Federation. Comparative legal analysis enabled the identification of the unique aspects of the reconciliation institution in criminal proceedings, which significantly differ from conciliation procedures in civil and arbitration proceedings. Applying a systemic approach to analyzing these features of reconciliation allowed for its consideration as a component of the system of special measures employed by the first instance court in criminal proceedings. It is concluded that differentiating the criminal procedural form preserves the guarantees necessary for achieving the objectives of the proceedings while maintaining its unity. All procedural features should be systematized and summarized in a special section of criminal procedure law. The court should be granted discretionary powers to integrate various features in a single case reasonably.
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