CONCEPTUAL APPARATUS OF COURT PROCEEDINGS IN UKRAINE

Abstract

The article examines the conceptual apparatus of court proceedings in Ukraine. The author emphasized that the reformation changes in the field of criminal proceedings are aimed at implementing the principles defined in the Constitution, which recognize the highest social value of a person's right to life, dignity, honor, and safety (according to Article 3 of the Constitution of Ukraine). The legislative provision of these principles is based primarily on the categories and concepts defined in the criminal procedural law and the theory of criminal procedural law, with the aim of optimizing the conduct of court proceedings.

It is noted that, taking into account the obvious fact that the norms of both the CCP and the Constitution of Ukraine have methodological, procedural and technical-legal shortcomings, this gives grounds for concluding that the mentioned problem is relevant.

In this regard, it is important in this aspect that legal relations related to the consideration of cases based on the fact and consequences of criminal offenses are regulated by codes, the names of which include the keyword "criminal". It is these relations that have received the name "criminal proceedings", and the entire apparatus of terms based on these concepts also includes the term "criminal". However, it is worth considering that the term "criminal" is translated as "criminal". This understanding of certain realities leaves doubts - is this approach correct? After all, the double meaning of the word "criminal" can distort the true understanding of the mentioned realities and complicate the perception of conceptual and legal constructions included in this apparatus. This indicates a technical and legal deficiency and a lack of authority, giving rise to problems of both a methodological and a practical nature.

It was concluded that a promising direction for improving the conceptual apparatus of criminal proceedings is the maximum approximation of legal categories used by the theory of procedural law and the science of criminal procedure to legal concepts and their systems in the criminal procedural law.