THE HISTORICAL ASPECTS OF THE INSTITUTE OF THE CHALLENGE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
The ancient law records operated on Ukrainian lands were analyzed. It noted that a judge had to carry out court proceedings impartially and fairly. It was provided that for real implementation of this requirement it was necessary the parties to the case had full power to challenge. The judge (court) which had been challenged resolved it. The basis for justice was requirement for the impartiality of the court and the prosecutor during the existence of independent UNR and ZUNR. The historical reasons of challenge were also included with certain differences in the legislation of the Soviet period. The positive aspect of the current Criminal Procedure Code of Ukraine, which confirmed the complete transmission of the challenge resolution to the competence of the judiciary, was noticed in the article. In particular, in the pre-trial investigation it is transmitted to the investigating judges, and in the judicial stages it is transmitted to the presiding judge. And if the objection is raised to single judge it is transmitted to another judge of the appropriate court. Also the proposal to revoke the powers of the court to challenge the bench or the majority of its members by the same bench is also substantiated in the article. Besides, it is proposed to renovate the norm that judge must be replaced, if the equality of votes is formed in the case of challenge in the current Criminal Procedure Code of Ukraine.
Authors and Affiliations
В. А. Дем'янчук
Keywords
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- EP ID EP470117
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