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ЗАСАДА ЗАХИСТУ ПРАВОВОЇ ДОВІРИ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ В УМОВАХ ВОЄННОГО СТАНУ
- Source :
- Uzhhorod National University Herald Series Law; 2024, Vol. 82 Issue 3, p94-98, 5p
- Publication Year :
- 2024
-
Abstract
- The article is devoted to the study of the principles of protection of legal trust in criminal proceedings under martial law. When posing the problem, it is noted that the state of criminal and criminal procedural legislation, as well as the practice of its implementation in the conditions of martial law, should be stable, uniform, predictable and effective. In the course of revealing the state of development of the corresponding issues, it is noted that the works of scientists touched on some components of the principle of protection of legal trust in criminal proceedings, however, the specified principle during martial law was not comprehensively investigated in the procedural doctrine. In the course of the presentation of the main material, it is emphasized that with the intensive rule-making process regarding the «improvement» of the content of the Criminal Procedure Code in relation to the regulation of criminal proceedings in the period of martial law, it is impossible to talk at all about the stability and predictability of criminal procedural prescriptions, legal certainty and the provision of human rights and freedoms in the criminal process, and therefore - about the protection of legal trust in the field of criminal justice during martial law. Attention is drawn to the fact that the existence of legal regulations that are not always adequate to the procedural powers of the subjects of the criminal process to protect against violations of human rights and freedoms indicates the disregard of the principle of protection of legal trust in criminal proceedings under martial law. It is determined that the inconsistency of the provisions of the Constitution of Ukraine and the Criminal Procedure Code of Ukraine in terms of the legal regulation of certain rights and freedoms in the conditions of martial law causes the presence of legal uncertainty in criminal procedural legislation, which negatively affects the legal position of a person in the field of criminal proceedings. It is concluded that the difficulty of ensuring the principle of legal trust protection in criminal proceedings under martial law is reflected in the defective legal regulation of the court's decision-making against the will of the accused regarding remote trial, in which the accused is outside the court premises. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Ukrainian
- ISSN :
- 23073322
- Volume :
- 82
- Issue :
- 3
- Database :
- Complementary Index
- Journal :
- Uzhhorod National University Herald Series Law
- Publication Type :
- Academic Journal
- Accession number :
- 177827822
- Full Text :
- https://doi.org/10.24144/2307-3322.2024.82.3.15