Kornukov, V.M. Conflict of interests in the Russian criminal procedural law from the standpoint of its historical development

Abstract: In the article based upon the analysis of the norms of the Charter of Criminal Judicial Proceedings of 1864 and the current criminal procedural legislation of Russia the author studies the issues of legal regulation of correlation of competences of the parties, balance of legal guarantees of their procedural interests in implementation of the criminal procedural activities. It is stated that on one hand the adversarial element forms the possibility for the main participants of the process (the parties) to actively influence the process and results of criminal procedural activities, but on the other hand it forms the conflict of interests of these participants from the standpoint of their procedural guarantees. From this standpoint the author views the lately adopted provisions and legal positions of the Constitutional Court of the Russian Federation regarding the improvement of legal regulation of the return of the criminal cases to the prosecutor for additional investigation. The author uses dialectic legal method with the use of analytic, historical and comparative legal methods of studies. The author provides statistical data, interview data and the information sources. The article demonstrates a novel approach towards characteristics of the conflicts of legislative regulation of competences of parties in the criminal proceedings, and the legal guarantees of balance of their procedural interests. The author makes a conclusion that de facto the institution of additional investigation on criminal cases was returned to the Criminal Procedural Code of the Russian Federation, and this type of activity can hardly be called special procedure of criminal proceedings, which is supposed not to be identical to its return for additional investigation (Decision of the Constitutional Court of the Russian Federation of July 2, 2013). It is stated that the search for the balance in the guarantees of procedural interests of the parties should not be implemented via taking turns in non-proportionate changes in the procedural capabilities of the participants of criminal judicial proceedings and the order for their use, causing limitation of rights and lawful interests of these legal subjects, while in many cases mistakes and violations of law by the preliminary investigation bodies (including those due to the lack of professional training of its staff) lay at the root of many conflict situations. It is recommended to abolish or minimize the primary factors for such conflicts, and then regulate the mechanism for the interaction between the parties and the court in the process of criminal procedural activities. The article concerns some topical issues regarding the stage of initiation of a criminal case.

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