Concerning certain elements of the system of criminal procedural legislation of Ukraine
Journal Title: ПИТАННЯ БОРОТЬБИ ЗІ ЗЛОЧИННІСТЮ - Year 2018, Vol 1, Issue 35
Abstract
The article is dedicated to the study of certain elements of the system of criminal procedural legislation of Ukraine. The scientific position that the Constitution of Ukraine is the source of criminal procedural law is supported, since it contains a large number of regulations, which are important for the regulation of criminal procedural activities. Analyzing the conceptual regulations of the constitutional reform in relation to justice of the year 2016, it is concluded, that such changes are aimed at improving the constitutional basis of justice for the practical implementation of the supremacy of law and insuring the right to a fair trial. The conceptual provisions of judicial reform in the part of criminal justice include, in particular, judicial procedures (ensuring the independence of the judiciary by forming the bodies responsible for the judiciary; increasing the requirements and professional standards of the judiciary, limiting the immunity of judges to functional; optimizing the system of judicial system by improving the provisions on jurisdiction courts and out-of-court settlement of disputes, etc.); those relating to the principles of justice (in particular, the principle for ensuring the right to appeal the case and to judgement cassation appeal has received a new normative content) and the status of participants in criminal proceedings (concerning the institutional capacity of the prosecutor’s office and the advocacy). Considerable attention is paid to the issue of ensuring the unity of judicial practice. Based on the study of the views of scientists on the role and place of the judicial precedent in the Anglo-American and Romano-Germanic legal systems at various historical stages of the development of legal thought, it is stated that the unity of judicial practice should be ensured by the Supreme Court. Due to the creation of a new Supreme Court and the functioning of new collegial bodies there, the emphasis is placed on the importance of further studies of the procedure for the mandatory introduction of decisions by the Supreme Court in similar cases of criminal justice in our country.
Authors and Affiliations
О. І. МАРОЧКІН, O. I. Marochkin
Keywords
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