Legal constitutional foundations of the criminal procedural doctrine in the aspect of the adversarial principle
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2019, Vol 1, Issue 2
Abstract
The purpose of the article is the scientific substantiation of the legal constitutional nature of the criminal procedural doctrine in the aspect of the adversarial principle. Scientific novelty consists in defining the notion of the doctrine of the adversarial criminal process and determining its place in the legal doctrine. Conclusions. Constitutional public order in Ukraine is based on the principles of the Constitution and is ensured by its supremacy. The Basic Law is the political, legal and ideological foundation of the legal doctrine, the constitutionalization of all its constituent, structural (sectoral, institutional) elements, which is being developed in the projections and provisions of the legal constitutional doctrine. The Constitution of Ukraine and the constitutional doctrine serve as a source and basis for the criminal procedural doctrine, which is a sectoral category; and, at the same time, it subordinates to the idea of a single constitutional public order by virtue of the action of the corresponding system of constitutional constructions, in this case – the principle of adversarial proceedings. Taking into account the content-qualification features and functional properties of this principle, the specified sectoral doctrine is defined as the doctrine of the adversarial criminal process.
Authors and Affiliations
M. Мarkush
Keywords
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- DOI 10.32886/instzak.2019.02.03
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