PECULIARITIES OF CRIMINAL PROCEDURAL RULES ENFORCEMENT ON THE STAGE OF COURT PROCEEDINGS IN THE CONTEXT OF CRIMINAL PROCEDURAL POLICY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue
Abstract
In the article it is researched the peculiarities of criminal procedural rules enforcement on the stage of court proceedings in the context of criminal procedural policy, and the legal nature of criminal procedural regulations implementation by criminal justice authorities. The suggestions are given as to the implementation of Ukrainian criminal procedural legislation. Special attention is paid to the research of new approaches to the understanding of the mechanism of criminal procedural rules enforcement and it is analyzed the criminal procedural legislation which determines the legal nature of law enforcement. It is specified that the subjects of criminal procedural rules enforcement on the stage of court proceedings are: a head (a professional judge heading solely or at collective court proceedings); a court (consisting of three professional judges); a court (consisting of two professional judges and three members of the jury); a prosecutor. It is concluded that the head is a special subject of criminal procedural rules enforcement because together with the execution of the function of the criminal proceedings judging he has the duty of heading the court proceedings. The reasons are given for the regulations that criminal procedural rules enforcement on the stage of court proceedings must be considered as a certain, clearly defined process which undergoes certain stages and at the same time is an effective condition of criminal procedural rules implementation and a basis for criminal procedural rules implementation by other subjects of court proceedings. On the basis of the research done it is concluded that legal enforcement activity on the stage of court proceedings must meet the requirements of the Constitution of Ukraine, international agreements which are compulsory according to the consent of the Supreme Council of Ukraine, the decisions of the European Court for Human Rights, Criminal and Procedural Code of Ukraine, the laws of Ukraine, the decisions of the Constitutional Court of Ukraine, the regulations of the Supreme Court of Ukraine.
Authors and Affiliations
О. Б. Загурський
Keywords
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