Differentiation of the criminal procedural form and its significance for criminal justice

Abstract

In the article, the authors researching modern procedural legislation pay special attention to the differentiation of the procedural form and establishing its significance for criminal justice as a whole.The authors analyze the theoretical and practical problems of certain differentiated forms of criminal proceedings. Thus, in the article, the authors investigated proceedings in cases involving minors; peculiarities of proceedings regarding persons who have not reached the age of criminal responsibility in the age range from eleven years and up to the age of criminal responsibility; the specifics of the differentiation of pre-trial investigation and court proceedings regarding the application of coercive measures of a medical nature; simplified proceedings regarding criminal misdemeanors; proceedings based on agreements; separate procedural forms that simplify court proceedings; proceedings in a jury trial; proceedings in the form of private accusation; special regime of pre-trial investigation, court proceedings under martial law.The above-mentioned studies are conducted by the authors using both a theoretical understanding of the differentiated forms of criminal proceedings defined above, and an applied component of the analysis of problems that arise in the practice of applying the norms of the Criminal Procedure Code of Ukraine.As a result of the research, the conclusion was formulated that in the conditions of the modern criminal process system of Ukraine, differentiation of forms of criminal proceedings is a necessary element of its effectiveness. The construction of various models and ways of regulating criminal procedural legal relations creates the necessary procedural mechanisms for achieving the objectives of criminal proceedings.The practical level of differentiation of criminal proceedings carried out by the authors includes the assessment of the current criminal procedural legislation regarding the content of the grounds for differentiation and the practice of applying individual differentiated forms of criminal proceedings in the context of achieving the effectiveness of criminal proceedings, identifying problems and developing proposals for their elimination.