Criminal Proceedings In Ukraine Research Articles

Peculiarities of the proof process in Japanese criminal procedure

In today’s open world, with the growing importance of the international component in the fight against crime, a legal professional naturally needs knowledge that goes beyond the national legal framework, including the institution of international legal assistance. Studying and comprehending the experience of criminal procedure in different countries of the world makes it possible to apply the relevant positive practices in Ukraine and improve the process of forming a legal culture in independent Ukraine. In particular, it is important to study the experience of criminal procedure in Japan, a country with the lowest crime rate among the industrialized countries of the world. Familiarization with this system should help to develop a comprehensive approach to improving criminal proceedings in Ukraine, which will contribute to the successful development of a democratic, social, and legal state. Currently, the process of combining different criminal procedural systems of the world is underway, but the Anglo-American system of criminal procedure has its own peculiarities that can be distinguished from other systems of criminal procedure. The criminal procedure legislation of Japan is quite specific. It reflects both continental and Anglo-Saxon models of law. In particular, the widespread use of precedent makes it similar to the Anglo-Saxon form, and the presence of prosecutorial supervision over the police during the investigation process - to the continental one. The problems of criminal procedural evidence are constantly attracting the attention of scholars. The scientific interest in the problems of collecting, verifying and evaluating evidence is not accidental and is explained by their importance for criminal proceedings. Evidence is a central, core component of criminal procedure. Proper evidentiary activity is a prerequisite for solving its tasks. Therefore, further research of both the general theoretical issues of criminal procedural evidence and its individual problematic aspects remains an important scientific task, the solution of which will contribute to improving the efficiency of domestic criminal proceedings and bringing them closer to European standards. The article examines certain peculiarities of criminal procedural evidence in Japan. The author examines the peculiarities of the process of proof at certain stages of the process, and analyzes the legal status of the subjects of proof. The materials of the article are of both theoretical and practical value. They can be used for further scientific research of the peculiarities of domestic criminal procedural evidence, as well as for proper understanding and implementation of its law enforcement criminal procedural activities.

Correlation of the concept of «judicial control» with the concepts of «justice» and «judicial protection» in the criminal procedure of Ukraine

In the article, the author notes that the introduction of modern approaches to the legal regulation of the judicial control mechanism into the Criminal Procedure Code of Ukraine of 2012 was one of the right ways to realize the right to a fair trial. It is noted that judicial control, along with other mechanisms of criminal procedure, also ensures the implementation of the rule of law, a qualitatively new approach to understanding the rights and freedoms of a person in criminal proceedings, and a humanistic approach to criminal proceedings. The author also notes that both practitioners and scholars have repeatedly addressed the issues of the concept of judicial control, its features, and correlation with other categories and concepts. And the research by comparing the concept of «judicial control» with the concepts of «justice» and «judicial defense» will make it possible to establish new features of judicial control in criminal proceedings in Ukraine. That is why the author set as the purpose of the study to establish the correlation between the concept of «judicial control» and the concepts of «justice» and «judicial defense» in the criminal procedure of Ukraine. The article analyzes the works of Ukrainian scholars who reveal both the above concepts and their correlation, and also uses the decision of the Constitutional Court of Ukraine. The study concludes that judicial protection is an effective mechanism for guaranteeing rights and freedoms in criminal proceedings, and judicial control is a way of judicial protection. In the author’s opinion, it should be borne in mind that such control is exercised not only during the pre-trial investigation, but also during the judicial stages of criminal proceedings. The author concludes that justice and judicial control are separate functions in criminal proceedings. Their differences are related to the stages of criminal proceedings and their purpose and form of implementation. The subjective composition of the realization of justice and judicial control is not always different. Thus, in the case provided for in Part 3 of Article 309 of the Criminal Procedure Code of Ukraine, a judge will exercise judicial control over non-appealable rulings of the investigating judge, as well as justice in the same criminal proceedings.

Independence of Prosecutors and Judges in Criminal Proceedings in Ukraine and Foreign Countries in the Context of International Practices

The purpose of this study was to identify the main international standards for the application of the principle of independence in the judicial process and the specifics of its implementation in Ukraine. The main methods used for scientific cognition included analysis and synthesis, formal-logical, historical-formal, induction and deduction, specification and generalisation, comparison. The study identified the principal international standards for the implementation of the principle of independence of participants in criminal proceedings, including judges and prosecutors, which include proper legal regulation of the status of judges and prosecutors, direct prohibition of influence from other branches of power. The study found certain differences between the independence of judges and prosecutors, which include the following features: the independence of a judge means being subject to the law and impartiality in relation to any party to the trial, while a prosecutor cannot be independent in this sense, since they represent the prosecution.

Formation of legal regulation of criminal proceedings in Ukraine under martial law

This article explores the preconditions and stages of the development of legal regulations for conducting criminal proceedings in Ukraine during a state of war. It emphasizes that the peculiarities of legal regulation in the early stages of the antiterrorist operation and before the onset of full-scale war are linked to the objective impossibility of fulfilling certain requirements guaranteeing individual rights and freedoms during procedural actions due to ongoing combat operations in specific territories. Simultaneously, the need to ensure the inevitability of punishment for guilty parties led to the introduction of special criminal proceedings regimes with limitations on certain rights and freedoms of participants. The article identifies an increase in the proportion of investigations conducted through special criminal proceedings procedures as a distinctive feature of investigating crimes committed during a state of war. This approach allows the national law enforcement and judicial systems to accomplish the task of ensuring the inevitability of criminal responsibility for individuals hiding from pre-trial investigation or court proceedings on the territory of Russia or temporarily occupied territories of Ukraine. In addressing representatives of the occupying state committing war crimes against Ukraine, the article proposes additional guarantees, especially for foreign citizens, regarding proper notification of such suspects/ accused about the date and time of procedural actions or court hearings. This aims to minimize grounds for appeals to the European Court of Human Rights due to Ukraine’s alleged violation of Article 6 of the Convention. In summary, with the introduction of a legal regime of martial law in Ukraine, the procedure for conducting criminal proceedings is designed to respond to challenges associated with armed conflict and the inability of the state to fully or partially perform law enforcement, legal protection, and judicial functions in specific territories of Ukraine. The implemented mechanism for conducting special criminal proceedings during a state of war requires further refinement to maximally guarantee the rights and freedoms of participants in criminal proceedings.

Abuse of right during application of coercive medical measures in criminal proceedings.

Aim: To determine the problematic issues of ensuring the rights and freedoms of persons suffering from mental disorders and to whom CMM are applied in criminal proceedings under the legislation of Ukraine and the legislation of the states that adhere to the modern concepts of international standards of human rights ensuring to a person the CMM are applied to. Materials and Methods: Legal positions of the ECHR, criminal procedural legislation of a number of states, and a survey of scientists and practitioners conducted by the authors are used in this paper (total number of respondents was 168). A set of general scientific and special methods are used to achieve the aim of the study. Conclusions: The practice of applying СMM to persons suffering from mental disorders in criminal proceedings in Ukraine and other states does not fully meet international standards and needs improvement. It was suggested to make changes to the legal acts on the use of CMM in criminal proceedings.

Historical and theoretical issues of implementation of pre-trial investigation provisions

The article highlights the main definitions of pre-trial investigation with a view to solving and suppressing crimes by the competent authorities. It is comprehensively argued that the truth of criminal proceedings is manifested in the disclosure of a crime and ensuring that the perpetrators are brought to criminal liability. The author analyzes the main aspects of adoption of the agreement on cooperation between Ukraine and the Republic of Poland in criminal proceedings.
 The article highlights the theoretical foundations of the pre-trial investigation stage of criminal proceedings, the issues of implementing the entry of relevant information into the Unified Register of Pre-trial Investigations, and describes the events when the first action is completed and the next action occurs.
 The author has formed a stable opinion that the innovations introduced in pre-trial investigation are based on rapid response to crimes and their appropriate implementation in the course of crime investigation, which affects the recording of the crime in full. The author characterizes how the application of Article 214 of the Criminal Procedure Code of Ukraine affects the commencement of an investigation and reveals the legal basis for consolidation of legal acts regulating procedural actions.
 The article contains the technology of filing a crime report. The author analyzes (notification) and provision of other information containing data on a criminal offense. The legal basis for the adoption of the agreement between Ukraine and the Republic of Poland on cooperation in recording crimes is revealed.
 The article contains recommendations for improving the legislation and analyzes the current state of criminal proceedings in Ukraine, with regard to fulfillment of the tasks of criminal procedure and provides for protection of an individual, society and the State from criminal offenses, protection of rights, freedoms and legitimate interests of participants to criminal proceedings to ensure a prompt, complete and impartial pre-trial investigation. The author provides recommendations for the implementation of international provisions and means of verification at the initial stage of the basic information containing data on criminal offenses in order to identify the circumstances of the crime.

PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS INITIATED IN CONNECTION WITH CRIMINAL OFFENCES COMMITTED BY MINORS: THE IMPACT OF REASONABLE ALLOCATION ON THE ECONOMIC SYSTEM OF THE COUNTRY

The purpose of the article is to reveal the essence and content of procedural costs in criminal proceedings initiated upon the fact of criminal offences committed by minors; to define the concept, essence and content of procedural costs in the current criminal procedural legislation of Ukraine; to study the problems of criminal proceedings and judicial proceedings in relation to minors; to consider the principle of procedural economy in criminal proceedings. A scientific discussion of the problem of unification of the provisions of the criminal and criminal procedural legislation of Ukraine with a view to ensuring a full pre-trial investigation, trial proceedings and determination of appropriate types of punishment for minor offenders has been presented. The concept of procedural costs in criminal proceedings in Ukraine was improved and methods of their implementation through the provisions of the national criminal procedural legislation were determined. The authors' understanding of the main distinguishing features of procedural costs is presented. The practice and legal positions of the Supreme Court regarding the limits and methods of covering the costs of proceedings have been considered. It has been established that the principle of procedural economy in the criminal justice system has been implemented by ensuring the smooth functioning of all court instances and the up-to-date comprehensive normalisation of investigative situations that may arise in the pre-trial investigation process and the selection of full investigative (research) and covert investigative (research) actions, with the aim of avoiding cases of repeated procedural measures to ensure the proper course of evidence. Results. It has been established that the procedural expenses in the criminal proceedings of Ukraine should be understood as the material damage provided by the criminal procedural legislation of Ukraine, caused by ensuring the needs of the pre-trial investigation and court proceedings, in particular, related to the process of evidence and realisation of rights, freedoms and legitimate interests of the parties and other participants in the criminal proceedings. The essence and meaning of the procedural costs are realised through the prism of the provisions of the Criminal Procedure Code of Ukraine (in particular, Article 124, which regulates the peculiarities of the distribution of the procedural costs), which ensure the protection of the state and the persons who have been the victims of a criminal offence from possible material losses that may arise in the course of conducting pre-trial investigation and trial. The main distinguishing feature inherent in the content of procedural costs is the form in which the decision to recover them is made – a court verdict or a court ruling. It has been proved that in modern conditions, in the context of criminal proceedings against minors, the following issues remain to be solved as a matter of urgency 1) improvement of the norms of criminal procedural legislation in the part of criminal proceedings against minors under the conditions of the special legal regime of martial law; 2) improvement of the personnel provision of the judicial system with regard to the selection of candidates for the position of a judge who conducts judicial review of cases of minors; 3) improvement of the procedure for carrying out investigative (search) actions in criminal proceedings initiated due to the fact of commission of a criminal offence by minors; 4) establishment of international cooperation in the pre-trial investigation of transnational criminal offences committed in complicity with minors. It was concluded that, in order to maintain the economic cycle, it is necessary to ensure a balance between the procedural costs within the framework of criminal proceedings and court costs for legal proceedings and the funds that go to the state budget. This includes, in particular, the establishment of a mechanism for compensating persons who have committed criminal offences and the normalisation of types of punishment with an emphasis on material punishment. Special attention should also be paid to improving the work of the courts of first instance in order to avoid cases being reviewed in the courts of appeal and cassation.

Possibilities of using artificial intelligence in criminal proceedings in Ukraine

In this article, the author considers the expediency of using of Artificial Intelligence in criminal justice, evaluates the impact of using this technology and describes possible problems that may arise with such application and suggests ways to solve them. The article examines the topic of possibility of using artificial intelligence in criminal proceedings and its potential impact on increasing the effectiveness of law enforcement and fighting crime. Starting with an overview of current advances in the field of artificial intelligence, the article analyzes the possibilities of applying artificial inteligence to automate some stages of criminal investigation. Also, the possibility of using artificial intelligence to detect crimes, predict crimes and analyze the behavior of criminals is being considered. The article examines the ethical and legal aspects of the use of artificial intelligence in criminal proceedings, such as data privacy, protection against injustice and the impact on human rights. Attention is also drawn to the importance of developing algorithms that will be fair and neutral in order to avoid distorting the results of the analysis. The article highlights the potential benefits and challenges of using artificial intelligence in criminal proceedings and provides recommendations regarding the optimal implementation of such technologies in law enforcement agencies and courts to ensure efficiency, fairness and respect for human rights.

Prospects for the implementation of the system of electronic criminal proceedings in Ukraine

Using the dialectical method, the article is devoted to the study of the impact of digitization on the implementation of pre-trial criminal proceedings and court proceedings in Ukraine. Based on the study of the positive international experience of electronic criminal proceedings, the good features of the introduction and further development of electronic criminal proceedings have been identified, such as: optimization of the investigation and trial procedure; improvement of supervision and control; saving budget funds; reducing the number of employees; elimination of red tape and corruption risks; automation of communication processes and others. In the conclusions, the authors argue that it is desirable to determine in the procedural legislation the possibility of introducing a special regime of court proceedings, in the form of videoconferencing and procedures for signing court judgments, etc., during the period of war or state of emergency.

Electronic evidence in criminal proceedings: problematic issues of theory and practice

The article summarises the scientific developments regarding the concept and essence of electronic evidence and provides the author’s own definition to the concept of “electronic (digital) evidence” in criminal proceedings; examines the regulatory framework for the use of electronic (digital) evidence in criminal proceedings; analyses the investigative and judicial practice and the practice of the Supreme Court regarding the admissibility of such evidence in criminal proceedings.
 It has been admitted that today the problem of regulating electronic (digital) evidence is relevant. The analysis of the Criminal Procedure Code of Ukraine makes it possible to understand that electronic (digital) evidence has almost no legal regulation, which negatively affects the quality and effectiveness of criminal proceedings. As a result, a number of legislative contradictions arise. Unlike other procedural laws (commercial, civil and administrative), criminal procedural legislation does not contain any provisions on electronic (digital) evidence. At the same time, there are positive trends at the legislative level to recognise the need to regulate electronic (digital) evidence in criminal proceedings.
 It has been determined that today there is no unified approach among scholars to understanding the concept, features and place of electronic evidence in the system of sources of evidence in criminal proceedings. It is proposed to use the term “electronic (digital) evidence” at the legislative level. This is substantiated by the fact that “electronic” indicates the type of device with which the evidence was created and stored, and “digital” refers to the type of recording the formation on the relevant device. 
 The analysis of investigative and judicial practice has highlighted the ambiguity in the understanding of law enforcement officers regarding the collection of electronic evidence. This issue was the subject for consideration by the judges of the Criminal Court of Cassation of the Supreme Court (in particular, the procedure for assessing electronic evidence and its admissibility was explained in the decision of the Joint Chamber of the Criminal Court of Cassation of the Supreme Court dated 29 March 2021 in case No. 554/5090/16-к).
 Taking into account international experience in collecting electronic (digital) evidence allows the use of the Berkeley Protocol in criminal proceedings in Ukraine, as it is actively used by the international community and is relevant in the context of russia’s armed aggression against Ukraine.

INTERACTION OF SUBJECTS OF FORENSIC EXPERT ACTIVITIES AND PRE-TRIAL INVESTIGATION BODIES AND THE PROSECUTOR’S OFFICE IN MODERN CRIMINAL PROCEEDINGS IN UKRAINE

The article deals with the issues of interaction between the subjects engaged in the forensic expert activity and the bodies of pre-trial investigation and the prosecutor’s office in modern criminal proceedings in Ukraine. The existing problems in the mechanism of interaction between the subjects engaged in forensic expert activities and the bodies of pre-trial investigation and the prosecutor’s office in modern criminal proceedings of Ukraine are noted and ways to solve these problems are proposed. It is noted that despite the unprecedented challenges faced by law enforcement agencies in their activities during the armed aggression of the russian federation against Ukraine, the implementation of the main provisions of the Comprehensive Strategic Plan for Reforming Law Enforcement Agencies as part of the Security and Defense Sector of Ukraine for 2023-2027, approved by the Decree of the President of Ukraine dated May 11, 2023 No. 273/2023, largely depends on the effective operation of the system of forensic expert support of justice. The nature of procedural relations arising in connection with the appointment and conduct of forensic examinations in criminal proceedings implies active interaction of forensic experts and the entities that appointed the examination, and other persons. The state of organization of this interaction directly depends on the effectiveness of both forensic activities and the activities of criminal justice bodies. However, investigative error in the appointment and conduct of forensic examinations continues to be a typical phenomenon of criminal justice in Ukraine, which is caused by the shortcomings of the legal regulation of the interaction of pretrial investigation bodies and the prosecutor’s office with the subjects of forensic activity. Various approaches to determining the interaction between pre-trial investigation bodies and the prosecutor’s office and subjects of forensic activity are considered. It is indicated that it is carried out with the aim of the most rational use of special knowledge during criminal proceedings, in accordance with the law, according to certain principles, at different levels and in different forms. The main forms of interaction carried out by forensic expert institutions have been characterized, among which one is the main one conducting examinations on procedural decisions of pre-trial investigation bodies, prosecutor’s office, investigating magistrate, and court, since as a result of its use, an expert’s opinion appears as a source of evidence. Based on the analysis of the provisions of normative legal acts that determine the procedure for interaction between pre-trial investigation bodies, prosecutors and subjects of forensic expert activity in criminal proceedings, it is concluded that it is necessary at the level of law to regulate the issues of conducting such traditional types of forensic examinations as additional, repeated, comprehensive, as well as to determine the powers of heads of forensic institutions.

Шляхи вирішення проблеми запобігання кримінальним правопорушенням щодо окремих учасників кримінальних проваджень в Україні

The article is devoted to ways of solving the problem of prevention of criminal offenses in Ukraine regarding individual participants in criminal proceedings, in particular, witnesses and victims in the context of ensuring their safety in criminal proceedings. Based on the study of foreign experience in solving this problem in criminal proceedings, it was established that the key features of the procedural status of witnesses and victims, which distinguish them from other participants in criminal proceedings, in particular, the suspect, the accused, are the presence, respectively, of a statutory duty or right to provide independent impartial testimony on the merits of criminal proceedings, as well as the obligation to provide truthful testimony. However, such statutory obligations of the specified participants in criminal proceedings must be confirmed by appropriate guarantees of their safety from the legislator. Their essence as subjects of the criminal process, who are carriers of evidentiary information, emerges from a theoretical study of the scientific positions of individual scientists regarding the purpose and grounds of protection and ensuring their safety, as well as an analysis of the norms of criminal and criminal procedural legislation in force in Ukraine, which are designed to implement ways prevention of the possibility of committing criminal offenses against the witness and the victim in the context of ensuring their protection and safety in criminal proceedings. An analysis of the positive for Ukraine experience of some foreign states in building a system of protection and ensuring the safety of the mentioned participants in the process in order to prevent criminal offenses against them is also presented. The use of international experience is invaluable for the urgent need to improve the institution of prevention of criminal offenses against participants in criminal proceedings in Ukraine. After all, today in Ukraine there is an urgent need to develop an effective system of protection and protection of analyzed participants in criminal proceedings, given the lack of a mechanism for implementing the relevant legislation.

Communication of the victim in the criminal proceedings of Ukraine in the conditions of martial law

The article examines the doctrinal understanding of the concept of ‘communication’ in criminal procedural law. It was concluded that communication in the criminal process (criminal-procedural communication) is an end-to-end exchange of information, which is characteristic of the criminal-procedural communicative space of both law-making and law-enforcement spheres. In a broad sense, it consists in law enforcement (judicial, doctrinal) interpretation before, during and after the application of the criminal procedural norm. In a narrow sense, this is the exchange of procedurally significant information by the participants of criminal procedural activities between themselves and the court in connection with the progress of criminal proceedings. Such an exchange consists in the provision of information, joint participation in the conduct of procedural actions and their mutual perception of each other, which is implemented in the procedural forms provided for by law. It is noted that the implementation of criminal proceedings in the conditions of martial law in Ukraine reinforces the relevance of the problem of the victim’s communication. It also requires the creation of human rights sectoral mechanisms that would ensure the protection of the victim’s rights. In particular, regarding compensation for damage caused to him/her as a result of criminal offenses due to the conduct of military operations on the territory of Ukraine. It is emphasized that the reloading of the ‘image of the victim’ in criminal procedural law should take place on the basis of the victim-centered approach proposed by the Advisory Mission of the European Union in Ukraine.

Genesis of adversarial nature of the parties as a form of criminal proceedings in Ukraine

Genesis of adversarial nature of the parties as a form of criminal proceedings in Ukraine

Legal Regulation of General Provisions of Criminal Proceedings in Ukraine from the Beginning of the XIV to the End of the XX Century

Legal Regulation of General Provisions of Criminal Proceedings in Ukraine from the Beginning of the XIV to the End of the XX Century

Problematic issues of collecting evidence by the defense in criminal proceedings

The genesis, legislative enshrining in the norms of international legislation and the Constitution of Ukraine of the national process regarding the provision and implementation of the right to professional legal assistance in the criminal proceedings of Ukraine, as well as the state of the procedural mechanism for collecting evidence by the defense party, have been studied. The method of comparison has been applied with respect to the previous criminal procedural legislation of 1960 and the current Criminal Procedure Code of Ukraine of 2012 on the issues raised. At the retrospective level, existing problematic issues of the procedural mechanism for collecting and obtaining evidence by the defense at the stage of pre-trial investigation have been investigated. For this purpose, it has been clarified the powers of the defense party, including defense counsel, suspect, accused, convicted, acquitted person, person in respect of whom the use of compulsory medical or educational measures are envisaged or the issue of their use has been decided, as well as person in respect of whom the issue of extradition to a foreign state is to be considered, to collect evidence. At the same time, the scientific positions of scientists and representatives of scientific schools, the results of the existing discussion on the raised problematic and promising issues have been investigated.
 Based on the results of the research, a number of proposals and recommendations for improving theoretical and applied issues in the researched direction have been developed and proposed. Attention has been drawn to the fact that the Criminal Procedure Code of Ukraine enshrines provisions according to which the defense is granted the right to collect factual data significant for criminal proceedings, but at the same time, the procedural form of implementing this right is not fully provided for, which is the subject to legislative clarification. In the course of discussion, the suggestions of the scientists regarding the elimination of the inconsistency between the use and application of the phrase “the right to professional legal assistance”, which is enshrined in the Basic Law of Ukraine, but not implemented and used in the current Criminal Procedure Code of Ukraine and other legislative acts, have been supported. It has been proposed to eliminate the indicated inconsistencies in a legislative manner.

Peculiarities of refund of court costs for professional assistance of a lawyer in civil procedure

The scientific article examines the features of reimbursement of court costs for professional assistance of a lawyer in civil proceedings in Ukraine. Particular attention is paid to certain aspects in particular: belonging to court costs, the procedure for reimbursement of legal costs to the parties, verification of compliance with the costs of professional legal assistance, determining the amount of attorney’s fees (in proportion to the volume of services provided, complexity of the case). the importance of the case to the party, including the impact of the decision on the reputation of the party or the public interest in the case), reducing court costs at the request of the party or in the absence of such a request. Also, the article analyzes some aspects of the realization of everyone’s right to judicial protection, which is directly guaranteed by the Constitution of Ukraine and the laws of Ukraine. In particular, it is determined that this right can be exercised by anyone whose rights, freedoms or interests have been violated within the constitutional, civil, commercial, administrative and criminal proceedings of Ukraine. The protection procedure is carried out in court. The litigation is characterized by significant costs for the parties involved. The article analyzes in detail the features of reimbursement of legal fees for professional assistance of a lawyer in civil proceedings, highlights gaps in the legal field of civil law, namely the amount of attorney’s fees, the order of reimbursement of legal costs, the possibility of reducing the cost of professional legal assistance in the absence of a request.
 Also, the article analyzes the case law, analyzes the peculiarities of reimbursement of expenses for individuals and legal entities to receive legal aid. It is directly stated that determining the amount of attorney’s fees always has its own characteristics and individual nature, which depends on the case and costs incurred.

LIABILITY MECHANISMS FOR WAR CRIMES COMMITTED AS A RESULT OF RUSSIA’S INVASION OF UKRAINE IN FEBRUARY 2022: TYPES, CHRONICLE OF THE FIRST STEPS, AND PROBLEMS

Ukrainian law enforcement agencies are investigating more than 18,000 war crimes and crimes of aggression, including 18,177 violations of the laws and customs of war, more than 5,000 murders and 6,000 civilian injuries, and about 23,000 destructions of civilian infrastructure. We note these figures without considering the number of crimes committed in the occupied territories and the places of active hostilities. The number of crimes increases every day. War crimes are a type of international crime, along with the crime of aggression, crimes against humanity, and genocide, which russia[1] is committing in Ukraine. However, in the article’s title, the term ‘war crimes’ is used in a unifying context. The researchers outline the range of war crimes and note the lack of systematisation due to the non-ratification of the Rome Statute by Ukraine, which significantly complicates the qualification of crimes for practicing lawyers. The authors then analyse such mechanisms of bringing the military, officers, and officials of russia to justice as: а) the International Criminal Court (ICC), b) ad hoc tribunals, с) the European Court of Human Rights (ECtHR), d) national judicial systems on the principle of universal jurisdiction e) criminal proceedings of Ukraine, f) eclectic forms of cooperation of justice bodies of Ukraine with foreign and international partners, together with the chronology of the first steps for each. The rationality of the establishment of a special international ad hoc tribunal exists because of the duration of the proceedings in the IСС, the ІСС workload and lack of funding, and the non-extension of the ICC jurisdiction to the crime of aggression due to Ukraine’s non-ratification of the Rome Statute; ensuring the impartiality of the court in the eyes of the international community. The authors draw the attention of the Ukrainian legislator to the need to improve the logistics of using foreign forensic experts’ opinions in criminal proceedings on war crimes in Ukraine by amending the Criminal Procedure Code (CPC) on the procedure for its verification as sources of evidence. The research methodology includes logical, historical, statistical, comparative law, and system-structural methods. The information base consisted of international legal acts, national legislation, official resources of authorities and international institutions, and other open data.

ENSURING THE RIGHTS AND LEGAL INTERESTS OF THE VICTIM IN CRIMINAL PROCEEDINGS IN UKRAINE

The article is devoted to ensuring the rights and legitimate interests of the victim, the victim of a criminal offense in modern criminal proceedings in Ukraine. The problems in the mechanism of ensuring the rights and legitimate interests of the victim of a criminal offense are highlighted and ways to solve these problems are proposed. The article describes the provisions of the current criminal procedure legislation of Ukraine, which determine the legal status of the victim, his representative, and legal representative in the criminal process. Attention is focused on their procedural rights. It is noted that the realization by the victims of certain procedural rights and legitimate interests during the pre-trial investigation and in court is problematic since the national system for ensuring the rights and legitimate interests of the victim of a crime does not meet international standards. The author of the article draws attention to the existing legal conflict in determining the place and role of the victim as a participant in criminal proceedings. According to some provisions of the Criminal Procedure Code of Ukraine, in some cases he belongs to the side of the prosecution, according to others, he does not belong to the parties to the criminal process, remaining an independent participant in the process. Such a provision detracts from the role of the victim, in violation of the principle of competitiveness, puts him in an unequal position with the defense, and gives rise to a formal attitude of investigators, prosecutors, and judges towards the realization of his rights and legitimate interests. The examples of the judicial practice of the Supreme Court show the shortcomings of the legal regulation of procedural relations with the participation of the victim as the successor of the deceased victim of the crime. The impossibility for the victim is critically assessed: to appeal against the court during the pre-trial investigation of certain procedural actions and decisions of the investigator, the prosecutor, on which the admissibility of the evidence collected by the prosecution depends; take advantage of free legal assistance; receive compensation from the state budget for the harm caused to him by the crime. Changes to the current legislation are proposed to improve the system for ensuring the rights and legitimate interests of the victim. Key words: criminal proceedings, victim, representative of the victim, rights and legitimate interests, securing a criminal offense.

Ensuring the safety of persons participating in criminal proceedings: procedural aspects

The importance of the existence of the institution of ensuring the safety of persons involved in criminal proceedings is obvious to Ukraine. The completeness of consideration and investigation of the circumstances of the case, establishment of the objective truth on it depends on the absence of any pressure on the participants of the process.
 In order to achieve the objectives of the criminal process, Ukraine has introduced an institute to ensure the safety of persons involved in criminal proceedings, which provides a number of measures aimed at protecting the lives, housing, health and property of such persons from unlawful influence. The process of ensuring the safety of persons during criminal proceedings in Ukraine is in unsatisfactory condition. The mechanism for ensuring the safety of persons involved in criminal proceedings is incompletely regulated and insufficiently effective. All this contributes to the emergence of public distrust in the functioning of this institution and threatens the implementation of the tasks of the criminal process.
 The article considers the main procedural aspects of ensuring the safety of persons involved in criminal proceedings, the main shortcomings of the functioning of this institution and the gaps in the current criminal legislation of Ukraine. Due attention is paid to the practical experience of highly developed countries, where the mechanism of ensuring the safety of persons who facilitate the implementation of criminal justice, has been developed over the years and is a model for the establishment of such an effective system in Ukraine. The implementation of international norms and standards in criminal law will help build an effective and reliable institution for ensuring the safety of persons involved in criminal proceedings in Ukraine. The article also considers such procedural aspects as the range of persons entitled to security and the range of bodies that ensure security, provides a list of possible security measures.
 The necessity of making changes to the criminal legislation of Ukraine, introduction of own system of protection of witnesses and introduction of the international norms and standards in the domestic legislation is defined.