Activity view of restructurisation of the criminal process: the attempt of dogmatic Shawshank Redemption?
Journal Title: Правова позиція - Year 2018, Vol 1, Issue
Abstract
The article deals with the actual issue of the national criminal procedure restructuring as a means of its optimization in the context of the competitive ideology and philosophy of penal proceedings. Within the national doctrine criminal procedure is traditionally considered as an integral operational system which consists of four interconnected sub-systems (proceedings): preliminary (pre-trial proceedings), principal (judicial proceedings), supervisory (proceedings on judicial review), and executive (proceedings on enforcement of judicial decisions). Analyzing the positions of Russian proceduralists, the author concludes that at the beginning of the XXI century a certain methodological idea of varying degrees of conceptual formalization « step by step» began looking for a place under the sun. This idea can be interpreted as a scientific understanding of the complete withdrawal of pre-trial proceedings from the structure of criminal procedure with further distinguished regulation of the pre-trial activities of parties on the preparation of a criminal claim and its denial as well as court activities on the consideration of how proved or unproved the legal claims of a prosecutor as a criminal plaintiff are. Following the above-mentioned points, the detailed methodological and procedural argumentation of the conclusion that pre-trial and judicial proceedings are distinctive types of legal activity is stated. Thus, they cannot be combined within the concept of "criminal process".
Authors and Affiliations
В. П. Гмирко
Keywords
Related Articles
- EP ID EP600636
- DOI -
- Views 63
- Downloads 0
Improvement of operatively-search and custom legislation in context of problems of exposure of criminal offenses in custom sphere
The article analyzes some theoretical and practical problems of improving the legal regulation of operatively-search activity and the state customs in Ukraine and the ways of their solution. The prospects of development...
Features of the implementation of the principles of criminal law during the establishment of liability in the example of Art. 159-1 CC
The Constitution of most European countries provides for the democratic, legal construction of the state. Ukraine is also an exception, where in Article 1 of the Constitution of Ukraine it is established that the latter...
The characterization of grounds for determining goods as those completely produced in the given country
This article represents characterization of grounds for determining goods as those completely produced in the given country. It was noted that analysis of grounds for defining goods as those completely produced in the gi...
The content and the characteristics of the information legal relations in the sphere of personnel policy of public administration
The article examines some issues of contents of personnel policy of public authorities and defined the characteristics of information legal relations in the designated topic. Asked to understand information legal relatio...
Essence of executive power as a key category of administrative law
The article analyzes the main approaches to understanding the content and essence of executive power as a key category of administrative law. Power as a complex social and legal phenomenon has existed since the creation...