The principle of scientific validity of building the modern criminal procedure of Ukraine
Journal Title: ПИТАННЯ БОРОТЬБИ ЗІ ЗЛОЧИННІСТЮ - Year 2016, Vol 1, Issue 31
Abstract
The experience in drafting bills in Ukraine shows that their provisions are not always scientifically justified. As a result, some institutions of criminal procedural law do not meet modern requirements of society to the functioning of the procedural system that creates a problematic situation. Problems of the scientific validity of building the modern criminal procedure in recent years were studied by the following scientists: V. G. Goncharenko, Iu. M. Groshevyi, V. S. Zelenetsky etc. However, a question about the scientific validity as the principle of building the modern criminal procedure was not raised in their publications. The criminal procedure as an activity regulated by law can be considered modern only when its main provisions correspond to modern notions of society of its political, social, economic, scientific and technical bases. In the conditions of globalization, the modern criminal procedure (in order to be called like this) must comply not only with national, but also with foreign advanced, progressive concepts of society, state and law (legislation) development, including criminal procedure legislation. The most reliable benchmark of the «modernity» of the criminal procedure is its scientific validity, because the science is an area of human activity that produces new modern knowledge. Therefore, the scientific justification should be regarded as the foundation of modern criminal procedure. One of the main reasons for delays in Ukraine in the process of building the criminal procedure by reforming the corresponding legislation area were and still are theoretical differences on its grounds, ways, results etc. A part of the scientific validity principle of building the modern criminal procedure is wide and the maximum possible involvement of scientists in the discussion and study of certain legal provisions, especially those that define conceptual bases of the procedure. Problems with the use of scientific provisions in working on legislative changes aimed at building the modern criminal procedure are due to, among other things, their quantitative and qualitative diversity. In the conditions, when reaching agreed positions in respect of the application of a theoretical model of the modern criminal procedure is impossible, the responsibility for defining conceptual approaches to this issue should be taken by one or more of higher state bodies (the Parliament and/or the President).
Authors and Affiliations
Leonid Loboyko
Keywords
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