CHANGES TO THE CRIMINAL PROCESSUAL CODE OF UKRAINE: LEGAL NECESSITY OR SUBJECTIVE LIABILITY
Journal Title: Право і суспільство - Year 2016, Vol 6, Issue 1
Abstract
The аrticle is devoted to establishment of essence of introduction of amendments to the existing Code of Criminal Procedure of Ukraine as to a way of elimination of gaps in a penal procedural law. It is established that the main way of elimination of gaps is law-making as one of the most important forms of activities of any state for realization of the functions. It is defined that it is easier to change the law right after its acceptance and thus quickly to react to practice of its application, than to change practice which will be created in search result by subjects of law enforcement of ways of overcoming by a gap of the low-quality law, especially considering that such ways can contradict, in particular to the general principles of criminal proceedings, its constitutional bases, the international standards in the sphere of protection and protection of the rights and freedoms of the person, the practical of the European Court of Human Rights.
Authors and Affiliations
М. М. ЗАБАРНИЙ
Keywords
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