THE PRINCIPLE OF EQUALITY BEFORE THE LAW FND THE COURT.SOME ASPECTS OF COMPLIANCE IN CRIMINAL PROCEEDIGS OF UKRAINE

Apply

THE PRINCIPLE OF EQUALITY BEFORE THE LAW FND THE COURT.SOME ASPECTS OF COMPLIANCE IN CRIMINAL PROCEEDIGS OF UKRAINE

Journal Title: Правовий часопис Донбасу - Year 2016, Vol 55, Issue 1

Abstract

Some issues about the abidance of the equal principals before the law and the court in Ukrainian criminal justice are analyzed in this article. It is pointed that this principle isn't absolute for a special persons' category, who are drawed for the criminal proceedings. The legislation provides additional legal garantees according to the abidance of their rights and freedoms. It accents that the everyone's provision on equality before the law and the court is based on the international legal standarts, but it's practical realization isn't faultless. There are some single proposals to improve the abidance of the principal's certain provisions in this article. The main words are the equal principal before the law and the court, participants, the criminal justice, the norms of the criminal procedure law, the international legal standarts. The article discusses the principle of equality beforethe law and the court in criminal proceedings of Ukraine. It is stated that this principle is not absolute for a certain category of persons who are involved in criminal proceedings. The attention that the rules about equality before the law and the courts are based on international legal standards, but their practical implementation is not flawless. There are available options to improve compliance with certain provisions of this principle. Itsays aboutthe needs to authorized state bodies and officials from good faith guided by the norms of equality before the law, and all participants, who are subject to this law, should be equal with respect to its application to them. At the same time, equality of subjects of criminal proceedings beforethe law does not mean that they all have equal rights among themselves. Such equality must be understood as equality of rights of the same procedural status of subjects. Consequently, the "equal rights and duties" - is not the same as "the same rights and duties", as the rights, duties may be different. This is primarily dependent on the procedural status of participant in the process(the prosecutor, the investigator, the suspect, victim, witness, etc.).

Authors and Affiliations

Vladimir Fedchenko

Keywords

EP ID EP292865
DOI -
Views 108
Downloads 0