Завданнєцентричне тлумачення кримінальних процесуальних норм як спосіб визначення цілеспрямованості та доцільності процесуальної діяльності на прикладі здійснення прокурором повноважень слідчого судді в районі проведення Операції об’єднаних сил

Abstract

The purpose of this article is twofold: to give scientific reasoning for the objectives-based interpretation as a special kind of legal norms’ teleological explication and to apply it for essence, purposefulness and advisability determination of criminal procedural norm on the entitlement of a prosecutor with powers of investigation judge according to Art. 615 of Criminal Procedural Code of Ukraine and exercising them in an area (administrative territory) of enacting the measures on the provision of the national security and defence, resistance and deterrence of armed aggression. The methodological basis of the research was general scientific and special methods, namely dialectical, hermeneutic, teleological, logical, historical, formal legal (legal positivism) and natural law (value-based) methods. The dialectical method was the basis for the work; it allowed the author to consider in complex the achievement of objectives of criminal procedure by the Ukrainian legal system. The hermeneutic method was used to define the meaning of the new text of the analysed legal provision. The historical method was manifested in the attempt to discover prerequisites of amendments to the criminal procedural norm. The article has both general legal and criminal procedural, applicable in practice scientific novelty: the author provided his own method of interpretation of criminal procedural provisions, that was named the «objectives-based» method; the author proposed methodological grounds and instruments for it, which originates from the notions on the purpose of Law and human rights in general, and on the purpose of Criminal Process in particular; the author applied the objectives-based interpretation on the provision on the entitlement of a prosecutor with powers of investigation judge and exercising them in an area (administrative territory) of enacting the measures on the provision of the national security and defence, resistance and deterrence of armed aggression in order to solve legal uncertainty of its essence. As a conclusion of conducting the research, the author focuses on the beneficial effects of applying the objectives-based method of interpretation of criminal procedural provisions, its simplicity, promptness and expediency; the author comes to the conclusion that the procedure for restricting fundamental human rights and freedoms introduced in the Criminal Procedural Code of Ukraine in recent amendments may possibly be inconsistent with relevant provisions of the Constitution of Ukraine; finally, expressed in this article ideas can be used in further scientific and expert researches on the issues of legislative improvement of the criminal procedures in the extraordinary situations – on the legal regime of emergency or martial law. Keywords: objectives-based interpretation; objectives of criminal procedure; ratio legis; ratio juris; Joint Forces Operation; purposefulness of law; advisability of criminal procedure; norms implementation; International Humanitarian Law; prosecution in International Armed Conflict; restriction of rights and freedoms; constitutionality; martial law; boundaries of security zones.