Abstract: This article is dedicated to examination of certain controversial issues on the attributes of court rulings, as well as reasonableness of their delineation into final and provisional. The research demonstrates that the key attributes of provisional court ruling within the science of criminal proceedings consist in their auxiliary nature, peculiarities of coming into force, and feasibility. Expansion of the essence of the category of “auxiliary nature” of court rulings in combination with the requirements of criminal procedure law on ensuring rights and legal interests of the parties of criminal proceedings allowed the author to refute the affiliation of this attribute to separate court rulings out of a number of provisional. The author is equally critical towards other indicated attributes. The authors formulates an original approach towards classification of court rulings based on the priority of protection of rights and legal interests of the parties to criminal proceedings, namely proposes placing such attributes into the foundation of delineation of court rulings as impact upon constitutional rights of the parties to criminal proceedings. Presence of this impact also substantiates the possibility of independent appeal to the higher judicial instances.

Abstract: The development of criminal procedure has lately been defined by the search for the more effective mechanisms of resolving criminal legal arguments that incorporate such aspects as compensation of damages to a victim, restoration of the right violated in the process of a crime, and restoration of a normal life of a victim of a crime. The article examines the questions pertaining to the participation of officials and authorities – detective, investigator, prosecutor and court who initiated the mediation procedure in the criminal proceedings and later recording its results in order to resolve the conflict. The modernization of criminal policy currently taking place in the Russian Federation poses a question of a broader implementation of conciliation procedures in the resolution of criminal legal conflicts. The improvements to the legislation and the practice of its implementation are impossible without a thorough doctrinal understanding of the problems of alternative methods of resolving criminal cases. Currently, there is a gradual accumulation of scientific knowledge on this issue, as the theory of criminal proceedings still has a significant amount of gaps. The scientific research points to the value of the restorative justice as a development of the criminal proceedings, as well as proposes subjects that are suitable to carry out the duties of a mediator in the Code of Criminal Procedure of the Russian Federation.

Abstract: The development of criminal procedure has lately been defined by the search for the more effective mechanisms of resolving criminal legal arguments that incorporate such aspects as compensation of damages to a victim, restoration of the right violated in the process of a crime, and restoration of a normal life of a victim of a crime. The article examines the questions pertaining to the participation of officials and authorities – detective, investigator, prosecutor and court who initiated the mediation procedure in the criminal proceedings and later recording its results in order to resolve the conflict. The modernization of criminal policy currently taking place in the Russian Federation poses a question of a broader implementation of conciliation procedures in the resolution of criminal legal conflicts. The improvements to the legislation and the practice of its implementation are impossible without a thorough doctrinal understanding of the problems of alternative methods of resolving criminal cases. Currently, there is a gradual accumulation of scientific knowledge on this issue, as the theory of criminal proceedings still has a significant amount of gaps. The scientific research points to the value of the restorative justice as a development of the criminal proceedings, as well as proposes subjects that are suitable to carry out the duties of a mediator in the Code of Criminal Procedure of the Russian Federation.