Consent of participants in criminal proceedings as a legal means of preventing criminal procedural conflicts

Abstract

Discusses issues related to such a criminal procedural mechanism for regulating conflicts in criminal proceedings as the consent of participants in criminal proceedings and other entities implementing criminal procedural relations. As a legal regulator and as an element of the legal status of participants in criminal proceedings, consent is an essential means of realizing the rights and legitimate interests of a wide range of participants in criminal proceedings, as well as a means of overcoming criminal procedural conflicts. The author provides a classification of all types of consent found in the criminal procedure legislation. The analysis suggests that consent as a legal term and conceptual apparatus in the theory of criminal proceedings should be classified into at least two groups: firstly, as a means of departmental and judicial control or prosecutorial supervision of the course of preliminary investigation and trial; secondly, as an element of the procedural status of some participants in criminal proceedings, allowing the implementation and application of various criminal procedural institutions, the production of procedural actions and the adoption of certain procedural decisions.