Vladykina, T.A. Coordination of public and private elements in criminal process

Abstract: The Constitution of the Russian Federation (Art. 2) proclaims priority of basic human rights and freedoms as a supreme value. In other words, since the modern Russia moves towards formation of the rule-of-law states, the interests of a person and their protection form the center of attention for all the efforts and capabilities of the state and local self-government. According to the Art. 6 of the Criminal Procedural Code of the Russian Federation provides for the protection of rights and lawful interests of persons and entities, who became victims of crime on one hand, and for the protection of persons from unlawful and unsubstantiated accusation and conviction on the other hand, and these are the main goals of the criminal judicial proceedings. The analysis of legislation and judicial practice allows one to make a conclusion that in the cases initiated with private charges include elements of private law, which is initiation of criminal proceedings directly by a victim, and it is necessary to guarantee legal equality of de facto unequal parties of criminal proceedings: inquirer, investigator, prosecutor on one hand, and private accuser on the other hand. However, only the persons and legal entities have private interests. The state and its bodies may not have private interest in participation in criminal proceedings. Being the bearer of the public interest the state, firstly, regulates the relations forming the object of the criminal procedural law via adoption, amendments and additions to the legislation; secondly, the state, as personified by its competent bodies and officials takes part as a subject of criminal procedural relations. These bodies are obligated to work strictly within the legal field and to guarantee lawful interests of persons taking part in criminal processes (that is, the persons having rights an obligations under the criminal procedural law in accordance to their procedural position. Currently, there is a considerable amount of immersion of private elements in the criminal procedural law. At the same time, it is not a complex branch of law, and it does not lose its specificity. Various models of combination of private and public elements in the criminal process do not terminate the obvious fact, that in order to efficiently protect both private and public interests from criminal acts, the public means within the mechanism of criminal procedural regulation have to be applied.

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