Compromise means of resolving criminal law conflicts: problems of intersystem and interbranch relations

Every year the criminal procedure law has more proceedings, which can be referred to as compromise. By compromise proceedings we understand a special kind of criminal procedural form in which the criminal law conflict is resolved by a mutually beneficial exchange of concessions by the parties as permitted by law. In this regard, the author analyses the recent changes in legislation aimed at introducing the new and modifying the existing criminal procedure legislation on compromise procedures with accounting for intersystem and interbranch relations of the legal system. The scientific literature of the Soviet period reasonably highlighted the genetic and functional relations in the legal system. The regulatory changes of branches of law that ignore these relations always have a disastrous impact on the application of specific provisions of the law up to the complete impossibility of their application. Basing on the analysis of law provisions discussed in the paper, the author concludes that the recent changes in the criminal procedure law, aimed at the acceleration of justice in criminal cases, are increasingly carried out in violation of interconnections and genetic relations of the legal system in Russia, they are more related to individual or corporate lobbying. Moreover, finding the rules intended for certain categories of persons in the general part of the criminal procedure law, numerous articles and chapters of the RF Criminal Procedure Code with indices 1, 2, 3 - all this is not consistent with the structure of a codified act and complicates the application of such regulations. On the other hand there is an objective trend of convergence of private and public law. Noticing this trend, some authors propose to supplement the compromise procedures already existing in the criminal procedure law with civil legal mechanisms of compensation for harm caused by the offense. This idea is based on the fact that the totality of the criminal procedure rules regulating compensation for harm caused by the crime is an integral part of the interbranch institute of compensation for damage from crimes in general. However, the author finds the opportunity to compensate for harm caused to the victim by the crime in the future and all additional procedures necessary to ensure the rights of the victim in such cases excessive.

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