The Phenomenon of Criminal Procedure Coercion: Polemical Notes

The article presents an overview of the problem, and is devoted to research discussions some of which took place during public defenses of a number of Ph.D. and Post-doctoral theses, and it which the author participated, usually in the capacity of an official opponent. The object of research analysis is the phenomenon of criminal procedure coercion and its connection with the principle of the public (official) character of criminal proceedings. It is proven that the latter concept is primary, while the former one is derivative. The author shows the core components of the principle of public character and presents an adequate correlation between the categories “criminal prosecution” and “indictment”, and determines the role and place of these concepts in the system of key concepts of the criminal procedure doctrine and the eponymous legislation.