LEGAL POSITIONS OF THE SUPREME COURT IN CRIMINAL PROCEDURE: CONCEPT, FEATURES AND CLASSIFICATION
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
In these article the essence of legal positions of the Supreme Court in criminal proceeding is researched. According to results of the analysis, a definition of the concept of legal positions of the Supreme Court in criminal proceeding is suggested. Some features and classification of legal positions of the Supreme Court in criminal proceeding was considered and analysed. As a result the article includes a formulated list of features of legal positions of the Supreme Court. There are a conclusion of the Supreme Court about application legal norms; a determination includes legal positions; an obligatoriness of legal positions; legal positions of the Supreme Court ensure an uniformity of judicial practice; a determination of the Supreme Court, as a legal position in it, is unappealable. By the way, some of that features have detailed description. Classification of legal positions of the Supreme Court in criminal proceeding is conducted. These classification based on a subject that formulates legal positions of the Supreme Court in criminal proceeding: legal positions of Judicial Chamber of the Criminal Court of Cassation, legal positions of the Trial Chamber of the Criminal Court of Cassation, legal positions of the joint Trial Chamber of the Criminal Court of Cassation, legal positions of the Grand Chamber of the Criminal Court of Cassation. Furthermore, classification of mentioned positions in criminal proceeding for more effective search during practice is suggested. In the article there are suggestions about amending legislation.
Authors and Affiliations
Д. О. Скрипник
Keywords
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