THE CONCEPT OF ACCUSATION, ITS TYPES AND PLACE IN CRIMINAL PROCEDURE SYSTEM

Abstract

This article analyzes, from both a scientific-theoretical and practical perspective, the role of the institution of accusation in the system of criminal procedural law, its concept, and its types. The subject of the study comprises the norms that define the legal nature of the institution of accusation, while the topic focuses on the formation, development, and functional significance of accusation within the legal system. The aim of the research is to reveal the essence of the institution of accusation, classify its various forms, and determine its role as a mechanism that ensures a balance between the interests of the state and the individual in the criminal process. The relevance of the topic is determined by the fact that the institution of accusation serves not only as the main instrument for implementing state prosecution but also as a key means of protecting the interests of the victim. The study employs comparative-legal, analytical, generalizing, inductive, and deductive methods. The existence of three types of the institution of accusation—public, private, and semi-public—is substantiated, with their legal nature, scope of application, and specific features of criminal prosecution highlighted. Additionally, the evolution of accusatory activity at the stages of initiating a criminal case, conducting an investigation, prosecutorial supervision, and judicial proceedings is analyzed. The conclusions drawn in the article provide a basis for developing proposals to improve criminal procedural legislation and enhance the effectiveness of justice.