THE ROLE OF THE PRESUMPTION OF INNOCENCE AS A CONSTITUTIONAL PRINCIPLE IN THE FIELD OF CRIMINAL JUSTICE

Abstract

The article examines the essence and content of the constitutional principle of presumption of innocence and provision of proof of guilt. Its place and role in the field of criminal justice is defined. The opinion is argued that the principle of presumption of innocence and ensuring the proof of guilt is an important constitutional principle, and of a kind – fundamental, basic in the legal system of Ukraine, since it has a constitutional basis and is provided for in separate articles of the Basic Law of our state. And therefore, without a doubt, mandatory for compliance in criminal proceedings.

The purpose of the article is to study the essence and content of the principle of presumption of innocence and ensuring proof of guilt in criminal proceedings. In the context of modern challenges and needs of society, the study of the presumption of innocence as a constitutional basis in criminal proceedings becomes relevant and necessary to ensure high standards of justice and legal democracy in Ukraine.

It is marked that the proper realization of principle of presumption of innocence assists implementation of tasks of criminal trial, in the field of guard of rights for the participants of criminal procedure, and also providing of rapid, complete and investigation and judicial trial with that each, who accomplished criminal offence, was brought to the account to the extent of the guilt, the not a single guilty was accused or convict. Presumption of innocence provides a right for personality in relation to that a prosecution is set forth, on an independent and impartial court, as is one of elements of the fair judicial hearing.