Theoretical and methodological principles of pre-trial proceedings structuring in the criminal process of Ukraine
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2019, Vol 1, Issue 2
Abstract
The purpose of the article is illumination of author vision of theoretical methodological problems of selection of pre-trial proceedings as independent part of criminal proceedings. A scientific novelty is related to solidity of this question in science of criminal judicial right for forming of conceptual integral presentation of criminal judicial activity, and also understanding of that every phenomenon is examined as a more or less difficult system. In a general view a structure is presented as a system of relations of objectively existent elements. On author persuasion, traditional understanding of criminal proceedings only as aggregates of connected and consistently changing each other the stages does not engulf all variety of criminal judicial activity and criminal judicial legal relationships. Absence in the penal judicial law of concept «pre-trial proceedings» specifies on possibility of estimation of him only as nominative unit of language and discussion concerning his maintenance. Taking of judicial activity on verification of statement or report about criminal offence to the stages of criminal proceedings, to incorporated in part «pre-trial proceedings » remains one in directions of improvement of criminal process. On our persuasion, criminal proceedings, divided into two structurally parts: as a criminal process shows by itself the aggregate of legal relationships which have pre-trial proceedings and judicial proceedings beginning (arise up) and stopping. Conclusions. Thus, pre-trial proceedings can be defined as a specific cognitive cycle which is made by the stages of criminal proceedings: previous verification of statements, reports and other information is about criminal offence and pre-trial investigation. To pre-trial proceedings such signs are peculiar: 1) presence of direct task (opening of criminal offence, exposures of persons, which accomplished him); 2) specific methods of decision of this task; 3) special, different from other parts of criminal proceedings circle of participants of criminal process; 4) a slowness is in time; structure.
Authors and Affiliations
T. Barabash, O. Milevskiy
Keywords
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- EP ID EP548354
- DOI 10.32886/instzak.2019.02.09
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