EVALUATING THE EFFECTIVENESS OF THE IMPLEMENTATION OF INCENTIVE FORMS OF CRIMINAL PROCEEDINGS

Abstract

The incentive forms of criminal proceedings enshrined in the criminal procedure legislation have a significant restorative potential and are expedient from the point of view of criminal procedure economy. However, law enforcement practice does not demonstrate the expected widespread effectiveness of appropriate incentive procedures in criminal proceedings. It is only possible to identify obstacles to their proper implementation by defining appropriate criteria. Purpose: to formulate criteria for evaluating the effectiveness of the implementation of the forms under study comparing the conditions for the formation of an effective legal regime, highlighted in the theory of law, to functional and content elements of incentive forms of criminal proceedings. The key methods are the methods of analysis, comparison and axiology. In addition, the methods of synthesis, logical, cause-effect relations, etc. are used. Results: in order to determine the effectiveness of the implementation of incentive criminal procedures, it is necessary to have clear criteria that will allow to assess the following: achievement by the state of the public function and social efficiency in the implementation of a particular form of incentive criminal proceedings; satisfaction of the parties with the implementation of an incentive form of criminal proceedings; economic expediency. The identification of unsatisfactory incentive procedures from the point of view of the identified areas will allow to initiate mechanisms for their appropriate transformation.