Criminal Proceedings In Ukraine Research Articles

Directions for improving the legal regulation of forensic DNA analysis in Ukraine in the context of integration into the European Union

An analysis of European standards and main trends in the field of legal regulation of forensic DNA analysis has been carried out. It has been established that the general European legislation defines recommendations on the general principles of using DNA analysis within the framework of the criminal justice system, establishes the obligation of each state to create and maintain a national DNA database, exchange information based on DNA databases, take measures to protect personal data, store DNA profiles of persons convicted of sexual offenses against children, to accredit forensic laboratories to ensure the proper quality of molecular genetic research. Taking into account the experience of European countries, it can be seen that a comprehensive approach to the improvement of domestic legislation, namely the implementation of the law on the national DNA database, the introduction of amendments and additions to the current Code of Criminal Procedure of Ukraine, other laws and departmental regulations regarding the use of DNA analysis in criminal proceedings, is a necessary prerequisite for bringing this area of law enforcement to a new qualitative level. Together with the adoption of the Law of Ukraine “On the State Registration of Human Genomic Information”, it is necessary to introduce changes and additions to the Code of Criminal Procedure of Ukraine in order to harmonize the provisions of these normative legal acts, which primarily concern the improvement of the procedure for obtaining samples for molecular genetic research. It has been substantiated that the experience of Germany and the Netherlands regarding the legal regulation of mass DNA testing at the stage of pre-trial investigation of serious and especially serious crimes can be useful for Ukraine. Taking into account the rapid development of forensic DNA analysis technologies and the introduction of the latest methods, which are characterized by a much greater degree of interference in the personal and family life of a person, compared to traditional methods of STR profiling, there is a need for a legislative definition of the permissible limits of forensic DNA research within the framework of criminal proceedings in Ukraine.

HISTORICAL AND LEGAL FORMATION OF COERCIVE MEASURES IN THE CRIMINAL PROCEEDINGS IN UKRAINE

The scientific article analyzes the opinions of scientists and regulations that provided for and provide for the possibility of coercive measures in the Criminal Proceedings in Ukraine. The historical and legal analysis of such legal acts on this issue is presented. It is emphasized that the application of restrictive measures in criminal proceeding plays an important role, as it contributes to the effective and complete establishment of all circumstances of the criminal offense, gathering evidence and, as a result, the court's fair and lawful decision. It is noted that coercive measures have been used in criminal proceeding for a long time. Such measures include any measures that restrict human rights even in the slightest way during the implementation of procedural actions in criminal proceeding. The first such coercive measure, which was applied to the participants of the process in view of the existing social order at that time, was the institution of surety. It is proved that coercive measures in criminal proceeding developed by 1927. Subsequent criminal procedure codes and amendments to them, as a rule, introduced some of the pre-existing precautionary measures and excluded some of them. It is noted that quite often scientists single out the stages of application of coercive measures in criminal proceeding. This doctrinal position deserves attention, because it allows you to systematize knowledge about the concept and types of coercive measures, allows you to identify the negative and positive aspects of the legislative regulation of this institution of criminal procedure. The author's periodization of the historical development of coercive measures in criminal proceeding is proposed, which is carried out depending on the formation of legislation to regulate this issue.

Unconditional grounds for challenges to judges in criminal proceedings of Ukraine and ECtHR standards

The proper resolution of applications for challenge (self-challenge) of a judge (investigative judge, court) is important for further criminal proceedings, as a judicial error in this matter may result in the violation of a person’s right to ‘lawful composition of the court’ or the right to defence, which is grounds for the cancellation of the court decision in the case and its referral to a new trial (Art. 412 of the CrPC), the violation of the principles of reasonable time terms, and the legal certainty (finality) of court decisions as part of the rule of law. In judicial practice, proceedings on challenges belong to separate common proceedings, which usually end with a refusal to satisfy the challenge. Lawyers assess the institute of criminal proceedings of Ukraine as ineffective. The purpose of the present study is to examine the grounds for challenge using the comparative method, so that views on their understanding are consistent in the professional environment and in judicial practice. The article outlines the list of grounds for challenge of a judge (investigative judge, court) under the CrPC of Ukraine and presents their classification as unconditional and evaluative, which is crucial for the selection of methods of proof. The correlation between the national classification of grounds for challenge and the criteria for determining the impartiality of the court in the case law of the European Court of Human Rights (ECtHR) is shown. The main focus is on the analysis of unconditional grounds for challenge according to the national classification, and their content is revealed in relation to the positions of the ECtHR. It is substantiated that the grounds for challenge are not only circumstances that cast doubt on the impartiality of a judge (investigating judge, court) found in para. 6 of Chapter 3 of the CrPC of Ukraine ‘Challenge’, but also circumstances that indicate that the judge does not meet the requirements of ‘legal composition of the court’ (Part 2 of Art. 412 of the CrPC) or ‘Court established by law’ (in the wording of part 1 of Art. 6 of the ECHR) found in various structural parts of the CrPC and in the Law ‘On the Judiciary and the Status of Judges’. It is substantiated that the wording of Part 1 of Art. 76 of the CrPC of 14 January 2021 is not consistent with the principle of access to justice by an impartial court (Art. 21 of the CrPC) since the right to an impartial tribunal (part 1 of Art. 6 of the ECHR) creates a conflict with Chapter 18 of the CrPC on the procedure for election, change of precautionary measures, does not meet the requirements of legal certainty, and may be grounds for complaints to the ECtHR.

Mediation in criminal proceedings: novelties of legislation and prospects for its improvement

The article highlights the problematic issues of the use of mediation in criminal proceedings in Ukraine, as well as formulates proposals for their solution.The leading trend in the development of modern legal systems is the use of alternative means of resolving criminal disputes, including mediation. Ukraine is guided in this direction by the international legal standards and the positive experience of many foreign countries. In the general sense, mediation contributes to the humanization of criminal policy against the offender, creates conditions for ensuring the rights, freedoms and legitimate interests of the victim and real compensation for the damage caused to them, accelerates the criminal process. The concept of mediation in criminal proceedings is given.It is stated that the long path of Ukraine to the standardization of mediation was successful on November 16, 2021 in connection with the adoption of the Law of Ukraine “On Mediation” № 1875-IX. Instead, introducing the possibility of mediation in criminal proceedings, the legislator generally avoided amending the CPC of Ukraine, in particular to determine the status of mediator, establishing the boundaries of mediation of criminal conflicts, formulating the peculiarities of its conduct in criminal proceedings. As a reaction to the shortcomings of the legal regulations, it is proposed: first, to amend paragraph 25 of Part 1 of Art. 3 of the CPC of Ukraine, where a mediator should be identified among the participants in the criminal proceedings; secondly, to define in a separate article of the CPC of Ukraine the concept of mediator, their rights and obligations, in connection with which the author’s position on this issue is expressed.The limits of mediation of criminal disputes at the legislative level are not set. It has been proved that the legal basis for mediation in criminal proceedings may be the provisions of the CPC of Ukraine on criminal proceedings under agreements, as well as the provisions of the Criminal Code of Ukraine on release from criminal liability in connection with reconciling the perpetrator with the victim.In Ukraine, a pilot project on the use of restorative procedures in criminal proceedings against minors has been implemented since 2019. Positive examples of this project have shown that the mediation procedure has clear advantages over punitive justice.

Multifaceted approach to legislative regulation for using dna analysis in criminal proceedings of Ukraine

The purpose of this article is to develop propositions for improving legal regulation of the use of DNA analysis in criminal proceedings of Ukraine. System-structural, comparative-legal and formal-logical methods of research, analysis of theory and practice are used. The article proposes to apply an integrated approach to the development and introduction of the field-oriented legislation after public discussion on the problems of protecting genetic data in law enforcement practice based on European standards. It is already necessary to separate the concepts of biological material and genomic information in the current legislation of Ukraine, to establish the terms of their storage and the rules for destruction after they are no longer needed. The legislation should also differentiate the methods of obtaining biological samples with defining the priorities for obtaining samples for DNA analysis by the way of buccal scraping (genal swabbing). We should provide separate rules for the permissible scope of molecular genetic testing for suspects (convicts) and other persons. It is also necessary to limit the possibility of unofficial obtaining DNA profiles and to establish procedural rules for mass genetic testing to detect especially grave crimes.

Mediation in the case of a juvenile committing a criminal offense or a felony

As a general rule, punishment should be necessary and sufficient to correct the person and re-educate him. At the same time, a punitive approach prevails in the criminal process in Ukraine. For criminal law, the introduction of the mediation institution determines the development of the legal institution of reconciliation. The article aims to characterize the essence of mediation in Ukraine and study foreign countries' best practices in this field. The object of the study is public relations in the field of mediation in the case of a minor committing a criminal offense or a felony for the first time. The subject of the study is mediation as an alternative to court proceedings in the case of a juvenile committing a criminal offense or a felony for the first time. The authors used some methods of scientific knowledge: analytical, phenomenological, generalization, comparative law. Particular attention in the study is paid to the analysis of the essence of punishment, the study of international experience in the use of mediation, and the practice of mediation in criminal proceedings in Ukraine, which currently takes place only as part of an experiment. The authors conclude that it is essential and urgent to use the mediation procedure more widely in criminal proceedings as an alternative to litigation. It is emphasized that the full implementation of this institution requires political will and broad support from civil society. Namely, his readiness to resolve disputes without a court, but only with the help of a mediator.

The features of mediation in the criminal proceedings of Ukraine

Resolving a criminal conflict through dialogue, taking into account the interests of both its parties, namely the victim and the suspect/accused, correcting the perpetrator of the corresponding criminal offence, as well as reducing the number of re-offenders – all are the real results of restorative justice.
 One of the most common forms of restorative justice is mediation in the criminal proceedings. The introduction of mediation in Ukraine today is one of the urgent areas of reforming the system of citizens' access to fair justice.
 What is mediation and what is its legal regulation? What are the features of the use of mediation in the criminal proceedings? The purpose of this scientific article is to clarify the above issues.
 The article reveals the concept of mediation in the criminal proceedings. The current legislation, the Draft Law of Ukraine «On Mediation» as well as international legal acts regulating mediation issues in the criminal proceedings are analyzed.
 The article also highlights the features of mediation in the criminal proceedings, reveal their essence. Particular attention is paid to the peculiarity of the subject composition, gravity and type of the criminal offense as one of the criteria for the application of the mediation procedure or its impossibility.
 Modern Ukrainian legislation is known to provide sufficient prerequisites for the possibility of reconciliation between the victim and the offender, and hence for the application of restorative justice programs, including mediation. The legal institution with which mediation is often compared, and sometimes equated, is a reconciliation agreement between the victim and the suspect/accused. Within the article, the authors present their own vision of the correlation between the abovementioned legal institutions.
 Consequently, the article states the existence of all prerequisites for the introduction of the institution of mediation in the criminal proceedings as well as the necessity of its enshrinement at the legislative level.

ДОКТРИНАЛЬНІ ПІДХОДИ ДО ВИЗНАЧЕННЯ ПОНЯТТЯ «ПРЕДМЕТ ДОКАЗУВАННЯ»... У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ

The article is devoted to the problem of defining the concept of «subject of proof» in criminal proceedings in Ukraine. Currently, in the scientific literature, there is a plurality of different views and concepts in understanding the concept and content of «subject of proof», highlighting the «main fact» in the system of elements of the subject of proof, as well as in understanding the limits of proof. The author of the article aims to investigate theoretical and practical approaches to the definition of the concept of «subject of proof» in criminal proceedings, to carry out a comparative analysis of various scientific and practical points of view to the definition of this concept, as well as to improve approaches to understanding the subject of proof. Scientific approaches to understanding the subject of proof and their practical significance in the criminal proceedings of Ukraine are considered. Problematic issues of the concept of «subject of proof» have been identified. Based on the analysis of the literature and provisions of the current Criminal Procedure Code of Ukraine, the essential features of the subject of proof have been determined. The author’s definition of the concept of the subject of proof is proposed, which is a fundamental category of proof and consists in the disclosure of the amount of circumstances (structural elements of the subject) that are subject to establishment in criminal proceedings, as well as other circumstances that are important for the correct resolution of a specific case, and are subject to. The subject of proof includes the circumstances defined normatively in Part 1 of Art. 91 of the Criminal Code of Ukraine, however, is broader and specified in relation to a certain type of criminal offense taking into account the norms of the Criminal Code of Ukraine. The author also analyzed the relationship between the concepts of «subject of proof» and «limits of proof» and established that the concept of «subject of proof» and the concept of «limits of proof» are related, but have different meanings and cannot be equated. It is proved that the limits of proof depend on the subject of proof. Keywords: proof; subject of proof; criminal proceedings, limits of proof, the main fact.

НІМЕЦЬКА МОДЕЛЬ ДОСУДОВОГО РОЗСЛІДУВАННЯ ТА ВИКОРИСТАННЯ ЇЇ ЕЛЕМЕНТІВ В ОПТИМІЗАЦІЇ ПІДГОТОВЧОГО ПРОВАДЖЕННЯ У КРИМІНАЛЬНОМУ ПРОЦЕСІ УКРАЇНИ

In the article, on the basis of a comparative legal analysis of the German model of prosecutor inquiry and pre-trial investigation under the Criminal Code of Ukraine of 2012, outdated and unjustified provisions in criminal procedural legislation are rethought, which will more effectively contribute to legal improvement and optimization of preparatory proceedings in criminal proceedings of Ukraine. The functional structure of the pre-trial investigation gave reasons for specialists to consider the criminal process of the Federal Republic of Germany to be of the “accusative-investigative” type. “Blameability” is determined by the fact that a criminal case cannot be tried without a public accusation initiated by the prosecutor. Only the court is authorized to investigate all the circumstances of the criminal case. When proving the circumstances and establishing the truth in a criminal case, the court is not burdened by the motions of the participants in the process. The structure of the German model of pre-trial investigation makes it possible to keep the balance of procedural functions by various legal and technical techniques. Thus, the activity of the police is limited by the powers of the prosecutor and the prohibition of contact with the court. Restraint of activity the prosecutor’s office is ensured by its control by the court and its responsibility for the execution of court decisions. On the other hand, the judge is obliged to take into account the conclusions of the prosecutor when deciding the issues of the pre-trial investigation. The normative analysis of the pre-trial investigation of Germany provides an opportunity through its prism to critically assess the institution of pre-trial investigation in the Criminal Code of Ukraine of 2012 and to use the experience of German colleagues in developing ways to improve it. The article is aimed at substantiating the practical and normative expediency of the main constructive provisions of the prosecutor’s inquiry in the Criminal Procedure Code of the Federal Republic of Germany for the possible use of their elements in the optimization of the institution of pre-trial investigation in the Criminal Procedure Code of Ukraine.

ПОВІДОМЛЕННЯ ПРО ПІДОЗРУ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ УКРАЇНИ

The article examines and analyzes the issue of notification of suspicion in criminal proceedings in Ukraine. A comparison of the legislation of Ukraine and other states regarding the notification of suspicion was made. The problems of making a report of suspicion, the negative consequences that such a phenomenon entails, are outlined. On the basis of the analysis of the Criminal Procedure Code (hereinafter - CPC) of Ukraine and other countries, proposals are proposed to improve the legislation, eliminate gaps related to the notification of suspicion in criminal proceedings and proving the circumstances of a criminal offense. It is noted that despite the fact that the Criminal Procedural Code of Ukraine has been adopted for almost ten years, problematic issues still arise when deciding the procedure for applying the norms of this Code, during proving, collecting evidence for notifying a person of suspicion. In the CPC of Ukraine, two chapters - 22 and 37 - are devoted to the procedure of reporting a suspicion, which emphasizes the importance of this institution. It is noted that the legislator purposefully draws attention to this institution of criminal procedural law, and at the same time does not completely regulate and specify norms of such a nature that would exclude the possibility of controversial issues of notifying a person of suspicion. It is also stated that the violation of the law, which can be allowed by the prosecuting party when notifying a person of suspicion, usually leads to significant restrictions on the rights and freedoms of citizens. It was noted that the evidence, which is obtained legally and which makes it possible to make an assumption about the commission of a criminal offense by a certain person, should be recognized as evidence sufficient for the notification of suspicion. A legally adopted decision to notify a person of suspicion contributes to the achievement of the objectives of criminal proceedings, namely: improving the state of legality, protecting the rights and freedoms of citizens, as well as ensuring a quick, complete and impartial investigation.

Foreign experience and international legal standards for the application of artificial intelligence in criminal proceedings

The purpose of the research is to analyze the use of artificial intelligence in the justice systems of developed countries and the prospects for its use in criminal proceedings in Ukraine. Methodology: Research from the analysis of documentary sources; the basis is the dialectical method of knowledge of the facts of social reality, on which the formal legal and comparative legal approaches are largely based. Conclusions. In the near future, the accompanying organizational measures for the introduction of artificial intelligence and its regulatory support in public administrations (which are associated with the storage of big data, information processing based on mathematical algorithms and decision-making based on artificial intelligence) will be an integral component of life in our society. In fact, the use of artificial intelligence creates a model of digital decision automation. Such automation simplifies the decision-making procedure in similar procedures, which, of course, improves efficiency and simplifies the procedural decision-making procedure in terms of economy.

Zvilnennia vid pokarannia ta yoho vidbuvannia: materialno-pravovi ta protsesualni aspekty

The article analyses the institution of exemption from punishment and its serving in the criminal proceedings of Ukraine. The authors emphasize the interdisciplinary nature of this institute, which is a structural element of criminal, criminal executive and criminal procedural law. Taking this into account, according to the authors, it is necessary to harmonize the norms of the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine and the Criminal Executive Code of Ukraine, which are components of this specified legal institute. It is pointed out the confusion in the terminology in the criminal law norms, which causes the lack of unity of judicial practice and various wordings in the final part of guilty verdicts. The judicial practice of application of various types of exemption from punishment and its serving are analysed. Examples of court decisions which testify to the unequal application of criminal law norms regulating exemption from punishment and its serving are given. The contradictions of certain criminal law norms, for example, articles 85 and 86 of the Criminal Code of Ukraine, are emphasized. The authors come to the conclusion that in the case of the application of the law on amnesty or the act of pardon, as well as in the case of a person suffering from a serious illness, should be applied an exemption from serving a sentence, but not an exemption from punishment. It is noted that the fundamental difference in the legal consequences of exemption from punishment and exemption from serving a sentence is the occurrence of a criminal record, because persons convicted by a court verdict without a punishment or with an exemption from punishment are recognized as having no criminal record. Based on the analysis of grounds for exemption from punishment at the stage of passing a guilty verdict and the judicial practice of their application, the opinion about the actual existence of two separate types of guilty verdict (a verdict without punishment and a verdict with exemption from punishment) is expressed. It is emphasized that today the courts pass verdicts without assigning punishment, mainly, only in the case of release from punishment to a minor with the application of coercive measures of an educational nature to him. The own vision of the essence of exemption from punishment and exemption from serving punishment is proposed.

SAFETY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS

Introduction. Security must be ensured in various spheres of socially significant activity. As criminal proceedings are one of the most important activities of the state, the issue of ensuring the safety of participants in criminal proceedings becomes particularly relevant. The term "security of participants in criminal proceedings" is not an abstract concept, as security must be provided to specific persons involved in criminal proceedings, and if there are real grounds for doing so. Summary of the main research results. The need to ensure the safety of participants in criminal proceedings in Ukraine arose not so long ago as some other criminal procedural institutions (for example, the Institute for the Protection of Suspects and Accused). Many procedural scholars have dealt with this issue. It is proposed to expand the provisions on ensuring the safety of a person harmed by a crime and to specify that such security should be provided to a natural person who has suffered from a crime, regardless of his status as a victim, and to a representative of a legal entity in case of property damage. reputation of this legal entity. Conclusions. It should be noted that the vast majority of proposals developed and substantiated by criminal procedure science were requested by the legislator to form a system of security measures enshrined in the CPC of Ukraine. At the same time, a large number of issues related to the establishment of criminal security measures remain unresolved to this day. Ways to improve the current legislation of Ukraine are suggested.

Reasonability of terms as a principle of criminal proceedings in Ukraine: the state of legal security through prism practices of the european court of human rights

The scientific work is devoted to the research of law phenomenon such as princilple of reasonable time in criminal procedure. Author reserched legal reglamentation and realization of fundemental of reasonable time in Ukrainian criminal procedure through the judicial practice of the European court of human rights. The actuality of scientific research’s topic due to: 1) this princilple is a certain novel in national criminal procedure, that was introduced firstly in 2012 by Criminal procedure Codex; 2) in Ukraine there is a high level unrealization or direct violation of right to a fair trial within a reasonable time, that guaranteed by Article 6 of European Convention on Human Rights; 3) against the backdropof european integration processes in Ukraine there is exacerbated need to improve and reform the criminal procedure laws in order to supply legality, justice and anthropocentrism in judicial and investigative activity.The goal of this scientific research is analisis of national law reglamentation of princilple of reasonable time in criminal procedure laws, the level of its realization in national legal practice, main disadvantages its law supplement and ways to solve these problems. In addition, author paid attention to some theoretic aspects of the topic: the concept of princilple of reasonable time, definition of term and its differences between adjacent legal concepts, determination the begining and end of reasonable time and etc. Also author emphasized acute problems of violation the right to a fair trial, reserched the most important judgements of ECHR. Among such problems are failure to keep a reasonable time at the stage of court proceedings because of lack of its defined terms; incidents of perennial detention in intolerable conditions; crowd load in local general courts as a reason of protracted court proceedings. In addition author proposed alternative ways of solution of these problems: from estedlishment the officials’ disciplinary responsibility and the country’s duty to compensate an innocent person damage, done by detention to makind changes to criminal procedure laws.

The standard of proof “beyond a reasonable doubt” in criminal proceedings of Ukraine in the context of the ECHR case-law

The purpose of the paper is to determine a content of the standard of proof “beyond a reasonable doubt” (SP “BRD”) in the ECHRcase law and Ukrainian criminal proceedings by defining the criteria that characterize it. The subject is the SP “BRD”, doctrine of Ukraine and case-law, including its criticism by the individual judges of the ECHR and Ukrainian scholars. The research methodology includes the methods of analysis, the method of synthesis, the methods of deduction and induction, comparative-legal method, systematic and formal-legal methods. The results of the study. The acceptability of the SP “BRD” in the Ukrainian criminal proceedings is substantiated, in particular, its compliance with the purpose of criminal procedural proof. Practical implication. The criteria which characterize the SP “BRD” in the ECHR’s and SC’s case law are highlighted.

International Standards of Implementing Mediation within Criminal Proceedings and the State of Its Realization in Ukraine

International standards for mediation in criminal proceedings have been defined; the process of development of the institution of mediation in criminal proceedings in Ukraine has been characterized; propositions on improving the procedure for mediation in criminal proceedings have been expressed.
 It has been established that the introduction of mediation in criminal proceedings, as a necessary condition for the development of the national legal system, was reflected in many international legal instruments that Ukraine had undertaken to execute. The traditional system of criminal justice cannot offer an effective solution to the problem of dealing with persons who committed a criminal offense. It has been proved that the urgent need of our state is to create new effective alternatives to official criminal prosecution, in particular mediation.
 The analysis of legislative activity on introducing mediation in Ukraine has been carried out. Representatives of the legislative initiative on the need to consolidate the possibility of conducting a mediation procedure at the legislative level by adopting the draft Law of Ukraine “On Mediation” dated from May 19, 2020 No. 3504 in the second reading.
 It has been defined that mediation in Ukraine is not fully implemented, since there is no legal basis. At the same time, some measures have been implemented in Ukraine to introduce mediation in criminal proceedings. Thus, the Criminal Procedural Code of Ukraine provides the possibility of concluding a conciliation agreement between the victim and the suspect, the accused. At the same time, allowing the possibility of concluding a conciliation agreement, the criminal procedural legislation does not directly regulate the mediation procedure. It has been substantiated that the procedure for mediation during criminal proceedings should be regulated by: 1) adoption of the Law of Ukraine “On Mediation”; 2) making systemic amendments to the Criminal Procedural Code of Ukraine.
 Particular attention has been paid to the fact that, despite the lack of a legal basis, our country has experience in applying the mediation procedure in criminal proceedings. Starting from 2019, two pilot projects have been implementing in Ukraine, which demonstrated positive results in this direction: “Restorative Program of Juveniles Suspected in Committing a Criminal Offense” and “Implementation of Restorative Justice in Ukraine”. The results of the implementation of these projects have proved that the mediation procedure has indisputable advantages over punitive justice.

Reasonable Time in Criminal Proceedings of Ukraine in the Context of the European Court of Human Rights Case Law

The purpose of the paper is an analysis of the notion of reasonable time, period which is taken into account in their calculation and criteria for determining a reasonable time for criminal proceedings in Ukrainian criminal procedural legislation in the context of the European Court of Human Rights case law. The subject of the study is an analysis of Ukrainian criminal procedural legislation from the point of view of its conformity to the ECHR’s case law in the designation of a reasonable time, period which is taken into account in calculation of a reasonable time and criteria for its determining for criminal proceedings. The research methodology includes comparative legal, systematic, functional, formal legal and others methods. The results of the study. The period which is taken into account in calculation of a reasonable time and the criteria for its determining is studied comprehensively as a basis for definition of the notion of reasonable time. Practical implication. The range of suggestions for improvements of Ukrainian criminal procedural legislation relating content of reasonable time and mechanism used to their calculate is defined. Value / originality. Based on the results of an analysis the authors’ concept of reasonable time is proposed.

Realities of application of the institute of mediation in criminal proceedings in Ukraine

The article is devoted to the analysis of procedural norms, which governing the procedure for initiating and concluding an agreementon reconciliation in the criminal process of Ukraine. The Institute of Agreements in the Criminal Procedure of Ukraine has beenused in practice for more than eight years, but it is premature to speak about the full realization and implementation of this institute inthe practical sphere. An analysis of the norms of the CPC of Ukraine indicates the existence of gaps and controversies that arise in theconduct of criminal proceedings on the basis of agreements. Focus on the controversial and conflict points that arise when concludingan agreement on reconciliation in the criminal process.Analyzing theoretical developments, practical recommendations, legislative projects on the implementation of the mediation procedurein Ukraine, international practice of introduction and functioning of the mediation institution, it can be argued that the properpractical implementation of the mediation procedure is relevant and important for criminal procedure law of Ukraine. It will providean opportunity to make more rational and economical use of budget expenditures allocated to the administration of justice and to relievethe burden on law enforcement and the judiciary. However, attention should be paid here to the phrase “proper practical implementationof the mediation procedure in the criminal procedural law of Ukraine.” In fact, the question immediately arises: “How often do the subjectsof criminal procedural law, in today’s conditions, use the services of mediators in criminal proceedings?”We tried to provide an answer to this question in this article and formulated conclusions and proposals aimed at improving thecriminal procedure legislation in this area. All the above indicates that the issue of legislative consolidation of the status of a mediatorin our country, a clear definition of rights and responsibilities, procedural and substantive aspects of the latter remains relevant.

Torture as a ground for inadmissibility of evidence

The European Court of Human Rights, which focuses on the Convention for the Protection of Human Rights and Fundamental Freedoms, points to the importance of the prohibition of torture. The Court has formed its position based on the importance of Article 3 of the Convention and, consequently, the inadmissibility of the evidence obtained in violation of that article by the prosecution. This paper analyzes the practice of the European Court of Human Rights on the implementation of evidence-based activities in national legal systems, and in particular examines the requirements of the Court on the admissibility of evidence-based exercise and activity obtained in the course of work results. The paper demonstrates the ECHR's practice on the issue of torture in obtaining evidence and the consequences of using such a «method», its significance for the practice of national courts and the modernization of the position of courts in relation to the dynamics of this issue. As a result, problematic areas of Ukrainian legislation and justice were identified. The reasons for the use of torture by the authorities and the safeguards introduced by Ukraine to combat the use of such inhuman treatment by the authorities were identified. Changes in the opinion of the European Court of Human Rights on this issue and its significance for Ukraine are analyzed. The possibilities of application of the ECHR for evaluation of admissibility of evidence in criminal proceedings in Ukraine are examined. The patterns characterizing the legal positions of the ECHR in assessing the admissibility of evidence are discovered and singled out. Ukraine should take into account that the responsibilities of the state, in addition to refraining from the use of torture to obtain evidence, include the protection of people from these encroachments by third parties.

Referring a Case to the Highest Division of the Supreme Court in the Criminal Procedure Legislation of Ukraine and European Countries

The article aims to examine one of the elements of the formal mechanism of maintaining court practice unity in criminal proceedings of Ukraine and European countries – referring a case to the highest division of the Supreme Court. Similar to the Ukrainian criminal procedure legislation, the grounds for referring a criminal case and the procedure of its application are provided in the legislation of Estonia, Italy and Lithuania. At the same time, the Ukrainian legislator has established a number of special features, however, the wording of the relevant articles of the Criminal Procedure Code of Ukraine is not perfect. The article provides answers to such questions as how forceful the provisions of criminal procedure legislation of Ukraine are, to what extent of effectiveness the Supreme Court exercises its legal authority regarding the unity of court practice in criminal proceedings, and whether the controversies in legal positions of the structural divisions of the Supreme Court have been successfully avoided. In order to achieve the stated aims, parts 2 and 3 are devoted to the examination of the grounds for referring a case in criminal proceedings of Ukraine and European countries. Part 4 outlines the shortcomings of the content of some articles of the Criminal Procedure Code of Ukraine concerning the procedure of the referral of a criminal case to the highest division of the Supreme Court. Part 5 provides the analysis of the validity of decisions made by the boards of judges at the Supreme Court on the referral of criminal proceedings to its higher judicial divisions – the joint chamber of the Criminal Cassation Court and the Grand Chamber of the Supreme Court. On the basis of the study of the judgements of boards, the judicial chambers of the Criminal Cassation Court and the Grand Chamber of the Supreme Court, in part 6 the question is answered on whether the Supreme Court of Ukraine managed to perform its duty on the assurance of court practice unity in such an area as criminal proceedings. Keywords: exclusive legal problem, development of law, formation of uniform law enforcement practice, the Supreme Court, criminal proceedings, Ukraine.