ANALYSIS OF THE PROVISIONS OF PART 2 ART. 110 0F CPC OF UKRAINE CONCERNING TYPES OF JUDGMENTS
Journal Title: Правова держава - Year 2016, Vol 23, Issue
Abstract
The article is devoted to the provisions of part 2 art.. 110 of Criminal Procedural Code, which establishes forms of judicial decisions in criminal proceedings in Ukraine. Drawbacks of legislative fixation of kinds of judgments were highlighted. It is concluded that the petition for determining the jurisdiction of the court (para. 4 part 3 art. 314 CPC and parts 2 and 3 of art. 34 of the Criminal Procedural Code) is the kind of judgment. Petitioning of the court for determining jurisdiction is an intermediate court decision. In accordance with the provisions of the Criminal procedural code of 2012 court decision is taken in the form of representation, decision, judgment. In order to harmonize and resolve the contradictions of certain provisions of criminal procedural legislation, which fix (determine) kinds of judgments in the Criminal procedural code of Ukraine of 2012 it is proposed to amend the part 2 art. 110, part 2 art. 21 of Criminal procedural code.
Authors and Affiliations
L. N. Gurtieva
Keywords
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