EVOLUTION OF THE PREPARATORY JUDICIAL PROCEEDINGS IN THE CRIMINAL PROCEDURAL LEGISLATION
Author (s): Tahiiev S.R., Borysenko A.A.
Work place:
Tahiiev S.R.,
Doctor of Sciences (Law), Honored Lawyer of Ukraine,
Head of the Department of Criminal,
Criminal-Executive Law and Criminology,
Academy of the State Penitentiary Service, Chernihiv, Ukraine,
ORCID: 0000-0001-9338-47-92;
Borysenko A.A.,
Master Student of the 2nd year of studying,
Educational and Scientific Institute of Law,
Taras Shevchenko National University of Kyiv, Kyiv, Ukraine
ORCID: 0000-0002-6054-8807
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2021 No 3(14): 101–114
https://doi.org/10.32755/sjlaw.2021.03.101
The article deals with the genesis of the preparatory judicial proceedings phases in the criminal procedural legislation. The stages, that took place at different period throughout the history of national criminal trail development are characterized.
The article aims at investigating the specific features of every stage of the preparatory judicial proceedings. Special focus is placed on revealing the essence and purpose of the preparatory judicial proceedings phase.
The paper provides an overview of the Criminal Legislation Statute that caused the reform in the judicial system in 1864; the Code of Criminal Procedure dated 1922, 1927 that resulted in transformation of the pre-trail stage; the Criminal Procedural Code of Ukraine dated 1960, 2012.
The key tasks to be solved at every stage of preparatory judicial proceeding are also outlined. The essence of the stage of preparatory proceedings according to current Criminal Procedural Code is considered.
As the probation agency was included to the parts of the court proceedings, its role in terms of investigating for the court and writing pre-sentence reports (also known as probation reports, the main aim of which is to give information characterizing an offender) at the stage of preparatory judicial proceedings is also highlighted in the paper.
The article also covers main objectives of the court at the preparatory stage; as well as measures to ensure criminal proceedings that may be used at the stage of pre-trail investigation in order to achieve the effectiveness of criminal proceedings. From the analysis made, it can be affirmed that preparatory judicial proceedings are constantly changing; and its main task is to create prerequisite for resolving criminal proceeding in a legal, fair and efficient manner at the stage of pre-trail hearing.
Key words: stages of preparatory judicial proceedings, pre-trail proceedings, evolution, statutory regulation.
References
- Poshva, B. M. (2005), “Judicial control over the observance of the Constitutional rights of a person during the criminal case pre-trail investigation: practice and problems of improvement”, Scientific herald of Center for Judicial Studies, № 4–5, рр. 8–15.
- Statute of Criminal Procedure dated 1864 (2015), Moscow, Berlin: Direct-Media.
- Zamkov, Ya. V. (2016), “Emergence and significance of preparatory proceeding stage in the criminal process of Ukraine”, Scientific herald of the Uzhhorod National University: series: Law, Vol. 2, Issue 38, рр. 103–106.
- Yakushev, H. Yu. (2014), “The stage of bringing to trial according to the Statute of Criminal Procedure of 1864”, Russian Justice, № 11 (103), рр. 12–17.
- Stolitnii, А. (2018), “Implementation of the Prosecutor powers to detect criminal offenses against the environment”, Bulletin of the National Academy of Prosecution of Ukraine, № 1, рр. 41–49. https://doi.org/10.34285/visnyknapu2018.53.041
- USSR (1927), Criminal Procedural Code of USSR dated 1927: Confirmed by the Resolution of the All-Ukrainian Central Executive Committee of July 20, 1927, ZU USSR, № 36–38, рр. 167–168.
- USSR (1922), Criminal Procedural Code of USSR dated 1922, available at: https://sites.google.com/site/igroupteamsite/istoria-derzavi-ta-prava-ukraieni/kriminalnij-kodeks-usrr-1922-r (accessed 05 October 2021).
- USSR (1960),Criminal Procedural Code dated 28.12.1960, available at: https://zakon.rada.gov.ua/laws/show/1001-05(accessed 05 October 2021).
- Zahurskyi, O. B. (2017), “Application of criminal procedural norms at the stage of preparatory proceedings as an important element of judicial”, Scientific herald of the Uzhhorod National University. Series: Law, Vol. 2, № 43, рр. 167–170.
- Babaieva, O. B. (2018), “Pre-trial report in the preparatory criminal proceedings. Lawyer of Ukraine”, Lawyer of Ukraine, № 2, рр. 61–67.
- Ukraine (2012), Criminal Procedural Code of Ukraine: Law of Ukraine dated 13.04.2012 № 4651-VI, available at: https://zakon.rada.gov.ua/laws/anot/4651-17 (accessed 05 October 2021).