КРИМІНАЛЬНО-ПРОЦЕСУАЛЬНІ ФУНКЦІЇ У КОНЦЕПЦІЇ ФУНКЦІОНУВАННЯ ЦІЛІСНОЇ СИСТЕМИ... КРИМІНАЛЬНОГО ПРОЦЕСУ

Abstract

Аrticle devoted to the problem of criminal procedure functions, on the topic «Сriminal-procedural functions at the concept of functioning of integral system of the criminal process».There is no single approach to understanding the concept of criminal procedure functions in the literature. There is no unity in determining both the number of functions and their content. Purpose of the article. To develop a sustainable understanding of them, there is a need for a unified approach to understanding the nature of criminal procedure functions, their types and the relationship between the types of criminal procedure functions. The concept of functioning of an integral system was offered as the only approach for the understanding of the essence of criminal-procedural functions and features of their interaction among themselves, which considers the criminal process as a single integrated system. The purpose of the criminal process is to ensure the correct application of substantive law, which, given the law enforcement nature of the criminal procedure, is carried out primarily through the correct and complete establishment of the facts of criminal proceedings. It is for the possibility of functioning of this system and institutions are created, which are part of the system and must perform their own functions to ensure the existence of the system and its purpose. In addition, the article considered the main, basic functions that allow the holistic system of criminal procedure to function, among them were the following: investigation, prosecution, defense, and justice. Also, a connection was established between the holistic system of the function of institutions and the powers entrusted to institutions to implement their respective functions. It was determined that the formation of the functions of institutions can be formed through a holistic system to ensure the functioning of the system, or through the powers, the implementation of which forms a corresponding function, which must exist organically in a holistic system. Also, the phenomenon was studied, the content of which is not just the non-performance of the function by the institution but its implementation in the inverted form – in fact, the opposition to the existing, fixed function. The corresponding inverted form of the function was proposed to be called the anti-method of the function. In addition, the consequences of the anti-method of the function of institutions on the holistic system as a whole were briefly considered.