LEGAL GARRANTEES OF REALISATION OF THE STANDARDS OF CRIMINAL PROCEDURE LAW
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
The article is devoted to coverage one of the actual problems of science of criminal proceedings on legal guarantees for the realization of the standard of criminal procedural law. The topic is actual due to the fact that the practice of realization of the current CPC of Ukraine is pretty short, is under formation. Some standards of CPC are using without any problems, the second – with some problems the others – have never been used due to the lack of appropriate guarantees. It is impossible to single out some groups of legal guarantees that would have contributed to the realization of criminal procedural law in certain special forms. Such an approach would be contrary to the obvious position that the individual processes of realization of these standards, regardless of its form is part of the criminal proceedings. The whole system of criminal procedural guarantees and its individual elements are able to distribute a security impact on their entire criminal process, including the «micro processes» of realization of the certain standards in various forms. The sanction, as part of the appropriate standard is a guarantee of its realization in the case of such forms as performance and compliance. The presence of sanctions in the standard indicates the presence of this internal (own) reserve for its realization. Obligation and prohibitive standards of criminal procedural law, designed as a two-term scheme (hypothesis disposition) have much less potential of its own realization. Because of this, the legislator should strive to ensure that all obligations and prohibitive standards were provided with appropriate sanctions. The mechanism of regulation is built and configured in such a way that the rights, obligations and prohibitions provide (guarantee) its own realization in various forms through the links that exist between them. The application of standard of the law by the authorized (competent) public authorities and their officials is a form that ensures the realization of the rights of use, compliance with prohibitions and duties within the legal relations in criminal proceedings.
Authors and Affiliations
С. О. Касапоглу
Keywords
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