Theory of games in the criminal process of Ukraine

Abstract

The purpose of this article is to reveal the possibility of using game theory in the criminal process of Ukraine. The article deals with the adversarial principle of the criminal proceedings. The presence of conflicting interests of both sides gives rise to the procedural interests of each of them. Defending legal positions with due regard for procedural interests leads to rational behavior of the both sides. Such activities can be called strategic, and the process of achieving the interests of the both sides in criminal proceedings is the strategy of the sides to criminal proceedings. Both sides in criminal proceedings will develop optimal strategies for achieving the appropriate procedural goal. The choice of the optimal strategy of the prosecution or the defense allows you to use game theory, as the theory of mathematical models for making optimal decisions in the context of a divergence of interests of the both sides in criminal proceedings.

The article provides a definition of strategy and a definition of Game Theory. Conflicts that are considered in game theory are compared by analogy with a dispute in a criminal proceeding. The work of B.D. Leonov ‘The role of the theory of strategic behavior (game theory) in the regulation of the fight against terrorism’ about the fact that game theory helps to choose the best strategies, taking into account ideas about other participants, their resources and possible actions. The work of A.A. Shiyan ‘Game Theory: Basics and Applications in Economics and Management’ about the need to master the skills and abilities to apply game theory. The work of O.Y. Baev ‘Selected Works on the Problems of Criminalistics and Criminal Procedure’ about the fact that, from the standpoint of the categorical apparatus of game theory, the adversarial principle completely fits into the so-called antagonistic game of two players.

It was analyzed the work of O.G. Yanovskaja ‘Effective implementation of the functions of the prosecution and defense as a condition of adversary criminal proceedings’ about the strategy and tactics of advocacy from the perspective of using the concept of solving game theory. It was analyzed the work of Y.A. Tsvetkov ‘The game of justice: How to increase the gain?’ which examines the practical application of game theory in criminal proceedings using the Nash matrix and algorithms for making optimal decisions. It is concluded that the adversarial principle can be applied using ready-made mathematical models to make optimal decisions in criminal proceedings in order to achieve Nash equilibrium and, in general, increase the predictability of the outcome of criminal proceedings.