Simontseva L. Theoretical and legal foundations of alternative tools for resolving criminal-legal conflicts

The object of research is the social relations that arise, develop and terminate in the field of implementation of the criminal procedure mechanism for resolving criminal law conflict. The purpose of the study is to conduct a comprehensive analysis of scientific and regulatory sources, which highlight and unify ideas about the nature and features of the criminal procedural model of alternative means of resolving criminal conflict, identify problematic aspects of this issue and identify ways to eliminate them. The methodological basis of the study is a set of general and special methods of scientific knowledge: dialectical, terminological, comparative law and functional methods, as well as methods of systemic and structural-functional analysis. Theoretical and practical results, novelty: the author's concept of alternative means of resolving criminal conflict as an extrajudicial system of forms, methods, means of resolving criminal disputes in the system of criminal procedure is given; the theoretical model of realization of alternative means of the decision of the criminal-legal conflict is developed; In order to ensure the effectiveness of the model of implementation of alternative means of resolving criminal law conflict, it is proposed: amendments to Chapter 35 of the CPC of Ukraine in order to bring the proceedings in line with the legal nature of ABC means, regulation of various types of alternative means of solving criminal law conflict depending on the severity of the criminal offense, expanding the legal status of public authorities and local governments in order to ensure their participation in the implementation of alternative means of resolving the criminal conflict. Degree of implementation: in the research sphere - research and solution of problems of the criminal-procedural institute of alternative means of the decision of the criminal-legal conflict for the purpose of its further improvement; in the educational process - for the preparation of educational materials in the disciplines of criminal procedure. Scope: in practice - to improve the activities of law enforcement agencies, mediation and conciliation.