To the Question of Distinguishing the Properties and Attributes of Dualism and Differentiation in Criminal Procedure

The article formulates the theoretical basis of differentiation from the point of view of the doctrine of procedural proceedings. The fundamental role of the typology of material and formal proceedings in the system-structural organization of criminal procedure is shown. The central role in it is assigned to the general order, which ultimately embodies the main features. At the same time, attention is drawn to a significant group of differentiated orders. Their dominance through the category of special procedure leads to dualism in criminal proceedings, a characteristic example of which is the steady prevalence in practice of the application of various special procedures in pre-trial and judicial criminal proceedings. In order to avoid dualism, it is justified the necessity to refer to the category of special order in criminal proceedings, which largely retains the typological features of the general order, unlike, for example, the special order.