PLACE AND CONCEPTUAL FOUNDATIONS FOR PRIVATE PROSECUTION IN CRIMINAL PROCEEDINGS OF THE RUSSIAN FEDERATION
The article examines the essence of the institution of private prosecution. It is indicated that in cases of private prosecution, an objective manifestation of the disappearance of public danger is, firstly, the voluntary and not forced reconciliation of the victim with the accused, and, secondly, the absence of any damage from the committed crime for other persons. In such a situation, the continuation of criminal prosecution looks like an excessive manifestation of criminal law repression, ceases to meet the objectives of criminal and criminal procedure legislation, causes an imbalance of public and private legal interests. The authors defend the position that private prosecution is a special procedure of criminal proceedings aimed at resolving a criminal-legal conflict by achieving reconciliation of the victim and the accused under the public-legal procedural control of the court, as well as the termination of criminal prosecution. The application of this procedure is effective in cases of crimes that infringe primarily on the personal interests of the victim and to a minimum extent on the interests of other persons, society and the state. In such cases, the factual determination of circumstances may be made by the victim, with the assistance of the court. In addition, in such a situation, the will of the victim becomes mandatory when deciding on the fate of criminal prosecution.