Criminal Procedure Conflict: Development Prerequisites, Concept and Types
Traditionally, law is studied primarily as a means of regulating and protecting public relations. The article is an attempt to rethink this paradigm in relation to criminal procedure law, from the point of view of the fact that it is presented here as a means of influencing social conflict. The Author submits a critical analysis of the currently available few works on the stated problem. In particular, he points out the inadmissibility of mixing such categories as “conflict” and “contradiction”, which results in an opinion about the benefits of conflict as a factor in the development of social systems, to which he refers to the system of criminal procedure relations. In contrast to the presented point of view, the article considers conflict as the least effective means of resolving social contradictions, and, therefore, one of the tasks of criminal procedure law is to minimize social conflicts in the field of criminal procedure relations.The issue of the nature of social conflicts arising in the sphere of relations subject to the influence of criminal procedure law is considered in detail. In his reasoning, the Author of the article proceeds from the fact that the basis of such conflicts is the conflict of goals, interests of their participants, as well as the means used by them in their implementation. This allowed him to identify three types of criminal procedure conflicts: conflict of goals, conflict of interests and conflict of funds.The criminal procedural conflict in the article is classified as a social conflict, which distinguishes the Author's approach from the usual forensic view of this problem. Moreover, such conflicts also include interpersonal conflicts arising between participants in criminal procedural relations. In addition to interpersonal criminal procedural conflicts, the article examines the nature and social foundations of the conflict between society and the state, which can be provoked by criminal procedure law.In the study, criminal procedure law is viewed from a slightly different angle than it was before, namely, as a social tool for minimizing conflicts arising in connection with the application of the norms of criminal procedure legislation.