THE CORRELATION BETWEEN THE CONCEPT OF ACCUSATION AND THE CONCEPTS OF CLAIM AND CRIMINAL PROSECUTION

Abstract

The article analyzes from a scientific-theoretical and practical point of view the relationship between the concept of “accusatio” in the theory of criminal procedure law and the concepts of “claim” and “criminal prosecution” their legal nature, and their expression in practice. The subject of the research is the essence of the institution of prosecution and its aspects related to the claim, criminal prosecution, the purpose of which is to define the boundaries of these categories and determine their place in criminal procedure law. The relevance of the topic lies in the fact that the use of the concept of “accusatio” instead of the terms “clai” or “criminal prosecutio” in national legislation leads to legal ambiguities and an artificial expansion of the content of the accusation. The results of the study show that the institution of prosecution is inextricably linked with criminal prosecution, and at the same time, it is necessary to distinguish them as independent procedural categories, and in some cases, although the prosecution has similarities with the institution of a lawsuit in civil proceedings, the interests of the state are of paramount importance in public and private-public prosecution. The obtained scientific results can be used in the practice of improving criminal procedure legislation, clarifying the legal boundaries between the institutions of prosecution and criminal prosecution, as well as guaranteeing the procedural rights of the individual.