PRINCIPLES OF CRIMINAL PROCEEDINGS AS A GUARANTEE OF OBSERVANCE OF THE RIGHTS AND FREEDOMS OF SUBJECTS OF CRIMINAL PROCEEDINGS
DOI:
https://doi.org/10.33244/2617-4154-4(13)-2023-200-205Keywords:
principles of criminal proceedings, criminal proceedings, guarantees, rights and freedoms, criminal process, legal normsAbstract
The article examines the significant role of criminal procedure in contemporary society in ensuring justice and the rule of law. It emphasizes the importance of adhering to principles that safeguard the rights and freedoms of subjects in the criminal process while defining procedural norms for a fair and objective adjudication of criminal cases. In the process of presenting the main material, the concept of "general principles of criminal proceedings" in the Ukrainian Criminal Procedure Code is analyzed, highlighting their fundamental nature and the pivotal role in defining criminal proceedings. An emphasis is placed on the hierarchy of these principles, which, although differing in the character and content of legal requirements, collectively form a unified system where interplay and interconnectedness among them determine the proper functioning of the entire system.
The article provides a detailed description of the general principles of criminal proceedings, including the supremacy of the law, legality, equality before the law and the court, respect for human dignity, and others. It underscores the significance of adhering to these principles at various stages of the criminal process and highlights their interdependence. Equally important, the article addresses the dynamic development of state institutions and the influence of government policies on the formulation and consolidation of principles of criminal procedure in legal norms. It emphasizes the idea that principles are only those ideas and provisions enshrined in the law.
The article underscores the interdependence and organic connection between principles and the stages of the criminal process, which jointly shape the legal order system. It emphasizes the importance of adhering to these principles at each stage of the process and their mutual support to ensure justice and a fair trial. The article draws a general conclusion about the importance of the principles of criminal procedure in ensuring justice and the rule of law in modern society, as well as their role in defining norms and procedures in criminal proceedings.