REASONS FOR ADJOURNMENT OF THE JUDICIAL CONSIDERATION IN CRIMINAL PROCEEDINGS: CLASSIFICATION AND PROBLEMS OF REMEDIAL APPLICATION
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article investigates the reasons for postponing trial in criminal proceedings. Their essence and procedural peculiarities are revealed. The grounds for postponing trial in criminal proceedings are formulated and clarified. It should be noted that the terms in the criminal procedure, which are used by the legislator as one of the levers of influence on the subjects of criminal procedural legal relations, were also considered in order to fulfill the tasks of legal proceedings and protect the rights and legitimate interests of the individual. Particular attention should be paid to the Criminal Procedure Code observance of a reasonable time, which is extremely important for the proper administration of justice and the reasons for postponing trial. The right to trial within a “reasonable time” is a category of basic human rights and freedoms. On the basis of the critical analysis of the criminal procedural rules that constitute the institute of postponement of trial in criminal proceedings, an analysis of judicial practice has been carried out, which makes it possible to understand what are the main reasons for postponing trial in criminal proceedings and observing reasonable time limits by a court. The analysis shows that the courts in the overwhelming majority provide a complete comprehensive and objective review of criminal cases and mainly adhere to the requirements of the procedural law, but also there is a case of abuse of procedural rights of the parties during the trial. However, in separate cases, when considering criminal cases, courts do not fully adhere to the principle of reasonable time or grounds for postponement of court proceedings, which causes a delay in the process or violation of procedural rights. Based on the results of judicial practice on this issue, the problems of the application of the grounds for postponing the trial in criminal proceedings are identified and the most common grounds, which reflect the jurisprudence, are found out. The classification of the reasons for the postponement of judicial review, which reveals the essence of postponement of judicial review through the most characteristic features, is proposed.
Authors and Affiliations
Тарас Богданович Сеник
Keywords
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