Quo vadis, Ukrainian court?
Journal Title: Правова позиція - Year 2018, Vol 1, Issue
Abstract
The article substantiates the thesis of necessity to establish a proper place of the court in the system of public assessments and expectations and coordinates of the criminal justice bodies. Unfortunately, court’s current position does not correspond to its high social purpose in the structure of political and legal guarantees of human rights and freedoms protection as the highest social value. The understatement of the court’s role has historical and mental causes. Traditionally, the court used to be an appendage of executive branch. This tendency was especially evident during the Soviet period, when the court was considered as the part of the administrative-command system, and its activities were also controlled by the prosecutor’s office. The destructive consequences of the court’s “custody” in the Soviet past, unfortunately, remained in modern law and the thinking of lawyers. Therefore, in legislation and in the lawyers minds criminal procedure and criminal justice are unreasonably equated; the role and significance of conviction as a result of trial are leveled out; notification of suspicion and bringing criminal charge are identified; a person is discharged from criminal liability without applying appropriate legal procedure of establishing the fact of committing a crime; court proceedings remain an integral part of the criminal procedure stages system, which obviously contradicts the requirements of Art. 6 and Art. 129 of the Constitution of Ukraine; the inadequate court’s position in the legal system prevents the liquidation of the investigator’s method of forming procedural evidence and the correct understanding of proving in criminal proceedings. Based on these findings, amendments and additions to the legislation are offered.
Authors and Affiliations
М. Є. Шумило
Keywords
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