Features of the application of measures ensuring criminal proceedings in the process of crim-inal procedural evidence

Abstract

Based on the analysis of the features of the normative regulation of the application of measures ensuring criminal proceedings, the publication comments on a number of norms of the Code of Criminal Procedure, which fix the features of the application of measures ensuring criminal proceedings in the process of criminal procedural evidence during preliminary investigation, as well as proposed approaches to eliminating their shortcomings. The emergence of criminal proceedings on the basis of agreements is a novelty both for the criminal procedural law of Ukraine and for the procedural activities of the pre-trial investigation bodies and the judicial system.
 This institution is comparable new to criminal litigation, its mechanism has not been worked out by case law and has not been sufficiently explored by academic doctrine yet. Due to this, the misunderstanding of the nature, content, meaning, and consequences of reaching an agreement on reconciliation or an admission of guilt in the case of committing crimes among the participants of the criminal proceedings still exists; there are also cases of misapplication of the law by investigators, prosecutors and judges in such proceedings that lead to appeals against court sentences, create unnecessary red tape and do not have a positive effect on victims, defendants and the justice system in general.
 The main approach to the issue's review in the given article is to carry out a critical analysis of the norms of the current legislation governing the features of criminal procedural proof during proceedings on the basis of agreements. There are critical remarks regarding the order of the normative regulation and the use of certain measures ensuring criminal proceedings as methods of collecting and verifying evidence. The materials of the article represent both theoretical and practical value. They can be used for further scientific research on the features of the application of measures ensuring criminal proceedings in the process of criminal procedural evidence, as well as for the proper understanding and implementation of law-enforcement criminal procedural activities.