CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING
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Файли
Дата
2022
Назва журналу
Номер ISSN
Назва тому
Видавець
Baltic Journal of Economic Studies
Анотація
The subject of the study is the coverage of problematic issues and ways of reforming the criminal
procedure legislation of Ukraine in the context of European integration. Methodology. The methodological
basis of the study is a dialectical method of scientific knowledge, through the application of this method the
legal, functional, organizational and procedural aspects of methodological approaches to the understanding of
problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the
context of European integration are considered. The results of the article analyze the current criminal procedure
legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French
criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system
and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable
powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused
by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based
on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of
democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection
of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal
Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine
are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the
context of European integration are proposed. Prospects for further research: a) the study of the experience of
individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the
possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union;
c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue
of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish
the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large
number of criminal proceedings against public persons, which the court had to terminate due to the lack of
evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative
regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
Опис
Ключові слова
court, judicial proceedings, criminal procedural legislation, criminal process, European integration, economic and legal issues., суд, судочинство, кримінально-процесуальне законодавство, кримінальний процес, євроінтеграція, економічні та правові питання.
Бібліографічний опис
Horoshko V. et al. CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING. Baltic Journal of Economic Studies. Vol. 8 No. 3, 2022. Рр. 48 - 52.