Monitoring problems of court proceedings regarding criminal offenses in Ukraine

Abstract

Each sphere of legal regulation with a dynamic movement objectively has certain problems caused by the development of social relations, the assessment of which allows for the development of ways to eliminate them and the practice of uniform law enforcement. Given the novelties of criminal proceedings regarding criminal offenses and the lack of unity of law enforcement due to the ambiguity of criminal procedural legal regulation, the problematic issues of court proceedings regarding this type of criminal violations are of research interest. In this regard, the article highlights the results of the monitoring of such problems and expresses the author’s vision regarding their solution. Attention is focused on three types of problematic issues: theoretical-methodological, practical and normative. In order to generalize problematic issues, the following are analysed: modern scientific developments regarding criminal offenses in general, and court proceedings regarding them, in particular, presented after the entry into force of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding Simplification of Pretrial Investigation of Certain Categories of Criminal Offenses» (from 01 July 2020); practice of the Supreme Court regarding criminal offenses and legislative proposals in this area. The conducted monitoring allowed the author to summarize the identified problematic issues of court proceedings regarding criminal offenses and to express the author’s vision regarding their solution. At the same time, it was noted that there is objectively no categorical distinction between some theoretical- methodological and normative issues, given their interdependence and multi-vector significance for both the theory and practice of law enforcement. The author ascertained the lack of dynamic development of court proceedings regarding criminal offenses in both theoretical and methodological (research) and law-making vectors and indicated the need to form a comprehensive vision of its improvement: from theory to practice.