Abstract
The article discusses problematic issues related to the application of the provisions of the Code of Criminal Procedure on the invariability of the composition of the court in legal proceedings. It is noted that the immutability of the composition of the court as a general condition of the trial is one of the procedural guarantees of the legality of the composition of the court and violation of this provision is recognized as a significant violation of the criminal procedure law. As a result of the study, it was noted that the provisions of Art. 242 of the Code of Criminal Procedure are not applied during all periods when a case is in court and not in relation to all issues under consideration. The article analyzes situations in which the participation of another judge in a case is not considered a violation of the requirement of immutability. The authors considered the issue of the possibility of replacing a judge after the announcement of a verdict when considering a criminal case with the participation of a jury.
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