Еволюція підготовчого судового провадження в кримінальному процесуальному законодавстві

Abstract

The article deals with the genesis of the preparatory judicial proceedings phases in the criminal procedural legislation. The stages, that took place at different period throughout the history of national criminal trail development are characterized. The article aims at investigating the specific features of every stage of the preparatory judicial proceedings. Special focus is placed on revealing the essence and purpose of the preparatory judicial proceedings phase. The paper provides an overview of the Criminal Legislation Statute that caused the reform in the judicial system in 1864; the Code of Criminal Procedure dated 1922, 1927 that resulted in transformation of the pre-trail stage; the Criminal Procedural Code of Ukraine dated 1960, 2012. The key tasks to be solved at every stage of preparatory judicial proceeding are also outlined. The essence of the stage of preparatory proceedings according to current Criminal Procedural Code is considered. As the probation agency was included to the parts of the court proceedings, its role in terms of investigating for the court and writing pre-sentence reports (also known as probation reports, the main aim of which is to give information characterizing an offender) at the stage of preparatory judicial proceedings is also highlighted in the paper. The article also covers main objectives of the court at the preparatory stage; as well as measures to ensure criminal proceedings that may be used at the stage of pre-trail investigation in order to achieve the effectiveness of criminal proceedings. From the analysis made, it can be affirmed that preparatory judicial proceedings are constantly changing; and its main task is to create prerequisite for resolving criminal proceeding in a legal, fair and efficient manner at the stage of pre-trail hearing. Key words: stages of preparatory judicial proceedings, pre-trail proceedings, evolution, statutory regulation.