ROLE AND IMPORTANCE OF INVESTIGATION (SEARCH) ACTIONS IN THE PROVISION OF JUSTICE OF CRIMINAL PRODUCTION
Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue
Abstract
In this publication investigative (search) actions are considered as the main ways of establishing evidence in criminal proceedings. Their role is substantiated – the ability to ensure the establishment of objective truth in a specific criminal proceeding. The importance is shown in ensuring the right to justice in criminal proceedings. It seems that a person can be convicted of a crime and punished only if his guilt is proved in accordance with the procedure prescribed by law and established with the help of reliable, sufficient, relevant and admissible evidence. Consider the views of scientists who consider investigative actions in a broad sense, like all procedural actions of a person authorized by law. In a narrow sense, investigative actions are actions of a cognitive nature aimed at the comprehensive and complete establishment of objective truth in criminal proceedings. It seems that the court (judge) has the right and is obligated to initiate investigative (search) actions to establish objective truth and justice. The thesis is advanced that moral problems arise in the criminal process, primarily in proving. They are connected with the establishment of truth. The reliability of the knowledge used is especially important in criminal proceedings. The requirements of objectivity and fairness are in full agreement with the principle of adversarialism in criminal proceedings. It contributes to the fulfillment of the tasks of criminal justice and the achievement of the purpose for which society organizes criminal proceedings. The principle of adversarial procedure in criminal proceedings obliges the court to consider the criminal cases while maintaining objectivity and impartiality, create the necessary conditions for the parties to exercise their procedural rights and perform procedural duties. The accused must not prove his innocence, but must have the means to prove it. The right of a suspect, accused, convicted, justified to participate in proving, presenting evidence and bringing their credibility directly is provided by law. Accusation of a crime can not be justified by factual data obtained in an illegal way. These are violations of constitutional rights and freedoms of a person and a citizen connected with violation of the procedure for conducting investigative (search) actions established by law. For the purposes of fair criminal justice, judicial control and prosecutor’s supervision of the legality of the operational-search activity and pre-trial investigation were introduced. Promotes the fairness of criminal proceedings, the institution of appealing the actions and decisions of the pre-trial investigation bodies and the prosecutor to the court. Through the conduct of investigative (search) actions, the principle of fairness, embodied in the norms of the current criminal procedural law, is being implemented. Legality is considered as a fundamental provision that predetermines the existence and permeates the whole system of principles of criminal proceedings. The principle of legality underscores the inseparable link between investigative (investigative) actions and law.
Authors and Affiliations
С. М. Зеленський
Keywords
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