Protection of property interest in criminal proceedings in Russia and Japan: comparative and legal analysis
Although public criminal proceedings with an imperative method of legal regulation are not a traditional area for protecting of property and legitimate interests of the individual associated with it, the appointment of criminal proceedings (Article 6 of the Russian Criminal Code) and the Constitution of the Russian Federation (Article 2) determines the need to ensure the rights and freedoms of the individual in all state activities. The article analyzes property interest by testing it through the prism of public or private beginnings in the criminal proceedings of Japan and Russia. Public property interest of the state is most clear in the choice of a certain criminal procedural strategy, of which two - criminal prosecution, and the rationality and effectiveness of criminal procedure - prevail in Japan. The priority of a criminal prosecution strategy can be seen in such characteristics of the Criminal Procedure Code (CPC) of Japan as long detention periods, the priority of such type of evidence as a guilty plea, as well as the special role of prosecutors in criminal proceedings. In its turn, the rationality and effectiveness of criminal proceedings as an independent criminal-procedural strategy are presented in the CPC of Japan by the principle of expediency. Public and private property interests are also manifested in the CPC of the Russian Federation that fully corresponds to the strategies of protecting the rights of the individual and the appointment of criminal proceedings. Recently, the norms in the CPC of the Russian Federation, the emergence of which is a clear manifestation of private property interest not in general understanding, but concerning a certain category of persons, are becoming more widespread. We are talking about the emerging special production - proceedings in the cases of economic crimes, crimes in the sphere of business, commercial activity and cases of entrepreneurs. The above enables us to conclude that the legislators' selective approach to protecting property private interest in criminal proceedings is contrary to the Concept of long-term socio-economic development of the Russian Federation for the period before 2020, which is marked by a high level of social inequality as an institutional problem, which, alas, manifests itself at the level of criminal procedure.