Procedural form and validity court decisions in pre-trial proceedings in criminal cases

Abstract

The main purpose of the study is to obtain a set of new knowledge about the forms of activity of the court to establish the circumstances necessary for making a decision in pre-trial proceedings. Within the framework of this goal, the following tasks were solved: the study of legal provisions regulating the form of judicial cognition, including the receipt of information by the court, their sources, as well as the forms of use by the court of the acquired knowledge when making a procedural decision in pre-trial proceedings, the powers of the court, the rights of the parties to the court session; analysis and generalization of scientific material; development of ways to solve the existing problems in the use of information by the court that does not have a procedural form of evidence; development of proposals for improving legislative regulation and recommendations for the application of the current criminal procedure legislation in ambiguous procedural situations. The basis for the study was the hypothesis proposed by the author about the possibility and necessity of adapting the criminal procedure form of judicial activity to solve the problems of pre-trial proceedings. The research methodology is based on traditional general and particular scientific methods, the combination of which allowed us to gain new knowledge about the content of the criminal procedure form of judicial activity, its characteristic features, to consider the reasons for the emergence of applied problems of making procedural court decisions, the so-called judicial copy-paste, etc., to draw scientifically significant conclusions. The results of the study were: the author's formulations of the concepts of adaptability of the criminal procedure form, personification of the criminal procedure form; the revealed and confirmed regularity of the connection between the criminal procedure form and the validity of judicial procedural decisions; the inexpediency of presenting the same requirements to court decisions taken in pre-trial proceedings as to the court verdict; the direct connection between the problem of the validity of a court decision and the copying of the texts of indictment documents into the content of court decisions (copy-paste) is established; the author's proposals for solving the identified problems are formulated. The following main conclusions are made: 1) the solution of many problems of judicial activity in pre-trial proceedings is possible on the condition of adaptation and personalization of its (activity) procedural form and the introduction of appropriate procedural features; 2) the lack of legislative regulation of the basic rules of the procedural form of evidentiary activity does not allow the court to make decisions that fully meet the requirements of the criminal procedure law; 3) in order to solve the problems of the validity of a court decision, the following general rule is proposed: the court is obliged to take all necessary measures to establish all the circumstances essential for the given case by means available at the court session. At the same time, the methods must have legal regulations.