Private Legal Mechanisms of Criminal Law Protection of the Individual
In the article private legal mechanisms of criminal law protection of the Individual author analyzed. In the context of the modernization of criminal legislation the author points out the need to take into account the interests of an individual as fully as possible. It does not support the idea of identifying private legal mechanisms with the method of permitting and proposes to consider them within the framework of the dispositive regime of criminal law regulation. The evaluation of private legal mechanisms of criminal law protection of the Individual through the prism of the dispositive regime made it possible to determine the rights of a private person and assess the completeness of their implementation within the institutions of consent of the victim and release from criminal responsibility (art. 76 of the Criminal Code). The purpose of the article is to prepare recommendations on the application of the norms of the dispositive regime of criminal law regulation. The realization of this goal was ensured through the definition of the rights of the individual, the signs of the dispositive regime and the delineation of private and public interests. The author uses general and private scientific methods of analysis: comparative-legal and formal-legal methods, content analysis and others. Analysis of the decisions of courts and scientific positions on the issues of qualification of crimes against personality allowed the author to formulate a number of interesting conclusions. In particular, the objection causes a discrete character of the exemption from criminal responsibility in connection with the reconciliation of the parties and the consent of the victim in the note to art. 122 of the Criminal Code.