STABILITY OF THE CRIMINAL PROCEDURAL LAW AND ENSURING HUMAN RIGHTS
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 55, Issue 1
Abstract
Article is devoted research of stability of the criminal remedial law in a context of maintenance of human rights. Communication between dynamics of the maintenance of norms CPC and maintenance of human rights in criminal trial is considered. It is noticed that communication of stability of a criminal legal procedure with protection of criminal human rights is shown that frequent change of articles CPC complicates process their application. It leads to decrease in efficiency of activity of bodies of criminal legal proceedings concerning renewal of human rights which have been mentioned as a result of fulfillment of a criminal offence. For modification and additions in CPC it is already accepted more than fifteen Laws of Ukraine and it considering that the operating criminal remedial law is accepted on April, 13th, 2012. Such dynamics of legislative norms demands from bodies of criminal legal proceedings of constant studying of their maintenance and practice of realization concerning concrete circumstances of fulfillment of a criminal offence. Loss by bodies of legal proceedings of time resources reduces efficiency of pre-judicial investigation and judicial manufacture, and therefore - worsens quality of protection of criminal human rights. On the basis of the analysis of legislative changes the conclusion that stability of the criminal remedial law is necessary for considering not only taking into account dynamics of standard changes becomes, and considering influence of such changes concerning maintenance of human rights in criminal proceedings. That is during definition of stability CPC it is necessary to take into consideration both quantity, and quality of criminal remedial changes. Stability CPC in communication by maintenance of procedural rights of the person is considered. If CPC will not be stable in connection with frequent change of rules of law the person will have problems with studying of the criminal remedial law that is why it will be heavy to it to predict results of the activity, to provide their legal consequences. As a result of research of theoretical representations it is summed up that the main criterion of improvement of the criminal remedial legislation is increase of efficiency of legal regulation of human rights. In case of ignoring of the specified criterion during legislative process it is impossible to talk about improvement of a criminal legal procedure because their dynamics will interfere with renewal of human rights which have been broken as a result of fulfillment of a criminal offence.
Authors and Affiliations
Timur Loskutov
Keywords
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