КРИМІНАЛЬНІ ПРОЦЕСУАЛЬНІ ПРАВОВІДНОСИНИ НА СТАДІЇ ДОСУДОВОГО РОЗСЛІДУВАННЯ...: ДО ВИЗНАЧЕННЯ ПОНЯТТЯ

Abstract

The article is devoted to the study of the problematic issues of defining the concept of criminal procedural relations at the pre-trial investigation stage under the current Criminal Procedure Code of Ukraine. The purpose of the article is to analyze the doctrinal approaches to the definition of the concept of criminal procedural relations and, based on its results, to formulate the author’s own concept of criminal procedural relations at the pre-trial investigation by revealing their essential features. The article examines the genesis of criminal procedural relations in pre-trial investigation and concludes that the current state of criminal procedural relations in pre-trial investigation under the current Criminal Procedure Code of Ukraine is due to the genesis of the institute of domestic pre-trial investigation which has undergone significant transformation over the centuries. Based on the results of the analysis of the concepts of criminal procedural relations available in the theory of criminal procedure, the author concludes that the doctrine of criminal procedural law lacks unity of approaches to the definition of the concept of criminal procedural legal relations, which is due to the existence of different scientific positions regarding the legal nature and essential features thereof. Highlighting the essential features of criminal procedural relations, the author formulates the author’s definition of criminal procedural relations as those regulated by the provisions of criminal procedure legislation, which arise, develop and terminate in criminal proceedings on the basis of decisions of a person who conducts criminal proceedings or has grounds to give instructions or orders for certain procedural actions in criminal proceedings, and within which the powers of the parties to criminal proceedings are exercised. The author reveals the interrelation of criminal and criminal procedural relations. The content of criminal procedural relations is defined and the essence of each of its elements is revealed. The author emphasizes that criminal procedural relations actually function in two aspects: firstly, in their system as a set of interdependent and interrelated relations; secondly, as single procedural relations which make up the system.