Privatization of Criminal Procedure in the Federal Republic of Germany

Special studies of privatization in sciences of criminal cycle, i.e. an integration of private law elements into public law, including the branch of criminal procedural law, with reference tothe materials of the Federal Republic of Germany have been not carried out yet. They are currently important due to the necessity for better understanding of the peculiarities of manifestation, consequences and possibilities of usage of theabove mentioned process. The privatization of public law in the Federal Republic of Germany is a relatively investigated matter, which forms the conditions for borrowing the experience. The analysis of theoretical provisions, legislation andjudicial practice of the Federal Republic of Germany and Ukraine determined the objectives
of the article – to consider the agreements and private prosecution in criminal procedure, as well as other elements of public law privatization notisolated within one branch, but in the context of interrelated changes in law with the purpose of preliminary estimates, forecasts and specific recommendations.The information collected by me is reviewed at three levels. The results of thereview allow me to state that the essence of privatization or publicization can resolve itself into determination of the industry sector of certain means of behavior control. The level of certain norms allows for the application of private law norms in the public law. However, the process runs not independently, it is accompanied by publicization of private law. That is why it is not correct to associate privatization only with the displacement or narrowing of public law. The consideration of the problem at the level of various industries reveals that the ratio of means of private and public law is situational, reflecting the periodic fluctuations of the balance in one or another direction. There is both a narrowing of private law, the emergence of public law fields out of its depths and the integration of institutes ofprivate prosecution and agreements etc. into criminal procedure. The investigation of the problem at a global, i.e. general legal level, allows me to claim that the development is carried out with the involvement of different volumes ofmeans of private or public law and in their various combinations. Conclusions. On the one hand, among the consequencesof privatization of criminal procedure or publicization of private law there is erosion, loss of their ’purity’, specific character and solidity, narrowing of the scope of their independent function; privatization has no expressed
exclusion of public law. On the other hand, there is a quantitative increase of means of preventive influence on the behavior, a strengthening of legal control due to the combination of preventive action of norms of public and private law. The citizens get additional opportunities of consolidation and protection of rights due to the combination and joining of private and public means. The continuation and extension of the initiated study should provide researchers, practitioners, legislators with the information concerning the removal of obstacles, in particular on sharing.