The Concept of Criminal Justice as an Institute of Fair Justice Regarding Guaranteeing Presumptions in Criminal Proceedings

Abstract

The article examines the concept of criminal justice as an institution of fair justice in terms of guaranteeing presumptions in criminal proceedings.

Observance of human rights and freedoms during pre-trial investigation is one of the priority areas of criminal procedural law reform. The reform of criminal justice, which has been actively carried out in Ukraine since 2008, as well as the aspirations of our country for European integration, provide for the harmonization of national legislation with international democratic standards.

Ukraine, taking into account the state of the European integration processes and the military situation of our country, must take into account and comply with all the requirements put forward to it by the European community, especially related to the rights and fundamental freedoms of a person and a citizen. First of all, these requirements concern the improvement of relations between law enforcement agencies and citizens in order to avoid violations of the rights and freedoms guaranteed and provided by the state.

The opinion that criminal justice is always a complex of interconnected structures whose tasks are:

– recording of information about a committed or prepared crime;

– conducting a pre-trial investigation, including – searching for persons who have committed a crime and evidence of their guilt or innocence;

– ensuring supervision over the legality of procedural actions and decisions;

– maintenance of prosecution and protection of persons who are suspected or accused of committing a criminal offense;

– examination and resolution of criminal proceedings on the merits;

– control over the correctness and legality of the execution of the court verdict and the serving of the punishment for the crime committed.

It has been proven that some other means of combating crime used by law enforcement agencies, such as investigative activities, coordination of law enforcement efforts, forensic expert activities, execution of punishments, etc., go beyond criminal justice itself, but are closely related to it.