Criminal Proceedings In Ukraine Research Articles

Substantial Violation of Human Rights and Freedoms as a Prerequisite for Inadmissibility of Evidence

Objective: The aim of the article is to analyze the various legal and theoretical provisions related to the determination of legal content of the concept of finding evidence inadmissible due to substantial violation of human rights and freedoms. Method: The authors use general scientific and special methods that enable to obtain scientifically sound conclusions and proposals. In particular, scientific methods, such as dialectical, comparative-legal, system-structural, generalization and logical, are applied. Results: The problematic issues of the procedure for finding evidence inadmissible due to substantial violation of human rights and freedoms in the criminal proceedings of Ukraine are studied. Some essential violations in collecting evidence by the prosecution are under focus. The ECHR’s case-law with regard to procedure for finding evidence inadmissible is analyzed. The implementation of the doctrine of "fruit of the poisonous tree" and specificity of its application to direct and derivative evidence by domestic courts and the case law of the ECHR is considered. Conclusions: The authors argue that the investigator is required to comply with the procedure for investigative actions prescribed by the provisions of the CPC of Ukraine in order to ensure human rights and freedoms. The analysis of the application of provisions of the CPC of Ukraine and the ECHR’s case law regarding the issue raised enables to formulate sound conclusions.

Soviet and Post-Soviet Criminal Proceedings in Ukraine: Balancing between the Past and the Present

Introduction. The article is devoted to the interdisciplinary study of the Soviet and post-Soviet criminal proceedings in Ukraine. It is important, balancing between the past and the present, to focus on the retrospective view of historical experience, as well as the strategic plan for the future. What progress we have made in this direction? Let’s try to find some answers. Purpose. The main research goal is the explication of the trajectory of the movement from the Soviet criminal process to its post-Soviet model, the creation of a new quality of pre-trial investigation and trial. Methods. The study is based on a systematic approach, historical and documentary methods, as well as logical tools (description, analysis, generalization, etc.). Results. The present study consists of three parts. The first part exposes the Soviet legal "behind the mirror" space − the narratives of scientists and the rules of procedural law, which have had quite progressive values and ideas. The second part explicates what was on the other side of the "mirror" − mass repressive criminal proceedings. Accordingly, the third part deals with the description of de-Sovietization process of the criminal proceedings in Ukraine, the overview of the trajectory of movement from ideologically biased, politically motivated criminal proceedings to criminal proceedings, based on the rule of law, respect for human dignity, rights and freedoms, equality and other principles of democracy. Conclusion. The criminal proceedings reform cannot be considered outside the general context of post-Soviet state-building. This process was controversial, not always correct and successful. Currently, many legal institutions have been abolished and new ones have appeared. But it is premature to believe that the goal of building our own quality model of criminal proceedings has been achieved

ВІДЕОКОНФЕРЕНЦІЯ ЯК ПРОЦЕСУАЛЬНА ФОРМА ВИКОРИСТАННЯ ІНФОРМАЦІЙНИХ ТЕХНОЛОГІЙ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ УКРАЇНИ

The article deals with specific controversial issues concerning features of using videoconferencing in criminal proceedings in general as well as at its specific stages; also own conclusions and propositions are justified which are aimed at further development of criminal procedural legislation of Ukraine with the regard to the questions raised. The essence, meaning, advantages, current state, and perspectives of using videoconferencing in criminal proceedings of Ukraine and the area of international cooperation among the states in criminal justice are examined. The state of legal regulation of using videoconferencing in criminal proceedings is analyzed. Code of Criminal Procedure of Ukraine provides for using videoconferencing both in criminal proceedings of Ukraine and criminal proceedings with a foreign element. Based on the analysis of grounds and procedure of video-conferencing features of its usage both in criminal proceedings of Ukraine and in the area of international cooperation among the states in criminal justice are identified. Videoconferencing can be used based on the decision of an investigator, prosecutor, investigative judge, or court in each case taking into account circumstances of criminal proceedings and subject to grounds provided for by the Code of Criminal Procedure of Ukraine. Before the start of investigative (search) action or court session using video-conferencing one shall ensure that nothing prevents a person from giving testimony, making motions, providing evidence, etc. This fact is essential for the admissibility of evidence used in criminal proceedings obtained using videoconferencing. Conducting requested procedural actions by video-conferencing ensure that an accused person, a victim, and other participants have an opportunity to express themselves on the raised issues, make arguments aimed to rebut the conclusions of the opposing party, provide evidence and make motions during pre-trial investigation or trial. Specificities of conducting a questioning using videoconferencing in the area of international cooperation as well as advantages of obtaining testimony from individuals put into custody or serving a sentence in a foreign state using videoconferencing compared to traditional means are formulated. The issue of interrelation between videoconferencing and principles of criminal proceedings is examined and it is showed that using videoconferencing is fully consistent with principles of criminal proceedings. Videoconferencing is one of the procedural forms of using information technologies in criminal proceedings and is used to conduct an action, participants of which are geographically separated one from another and thus communication among them are conducted using the communication technologies that support real-time image and voice transmission.

DEVELOPMENT AND STAGES OF ESTABLISHMENT OF THE INSTITUTE OF PROTECTION IN CRIMINAL JUDICIARY

article analyzes the development and highlights the stages of formation of the institution of protection in criminal proceedings. Attention is paid to the origin of the protective function from the early origins of history. It has been studied that the embryos of the institution of protection in criminal proceedings began to appear in pre-state forms of public life, mainly from the protective function of a family nature. Much attention is also paid to the establishment of this institution in Ukraine. It is noted that the formation of the institution of protection in criminal proceedings was born gradually, and underwent various changes and transformations. Traced as positive moments during the formation of this institution as well as, sadly, moments of decline of the institution of defense. In general, the formation of the institution of protection in criminal proceedings in the form and in the form that takes place today. In view of this, the following stages were singled out: the stage of the emergence of the institution of protection in dispute resolution (in pre-state forms of social order and ancient countries – China, Greece, Rome, etc.); stage of development of protection in criminal procedure in the Middle Ages; the stage of recognition of the right to protection as an inalienable natural human right (XVII–XIX centuries); the stage of formation of the modern vision of the institution of protection in criminal proceedings in the XX century; the current stage of development of the institute of protection in the field of criminal justice. Also worthy of special attention is the establishment of the institution of protection in criminal proceedings in Ukraine: 1. Stage of customary law in the Kiev state, which gradually became the basis of the Russian Truth. 2. stage of the territories of modern Ukraine as part of Galicia, and later Poland, the extension of the Lithuanian statutes and Magdeburg law to these territories. 3. Formation of its own legal framework for the functioning of the institution of protection in criminal proceedings – the Code of Law The rights of the people of Little Russia in 1743 year. 4. Regulation of the protection function by the Judicial Statutes of 1864, as a result of which a full-fledged regulation of the protection function in criminal proceedings was carried out and an independent democratic bar was introduced. 5. stage of decline of the bar on the territory of modern Ukraine after the October Revolution of 1917 year. 6. stage of revival of the institution of protection in criminal proceedings in connection with the adoption of the first codification act, which united the rules of Soviet criminal procedure law – the Criminal Procedure Code of the USSR in 1922 year. 7. stage of formation of our state on the European integration path at the end of the XX century, which marked the adoption of a number of its own legislation in independent Ukraine on the organization and functioning of the bar, taking into account European standards.

Conceptual problems of construction of the constitutional and legal model of adversarial proceedings of the criminal process of Ukraine

The article is devoted to the conceptual problems of building a competitive model of the criminal process of Ukraine under thecurrent Criminal Procedure Code of Ukraine (the CPC of Ukraine).Scientific understanding of the constitutional and legal essence and functionality of the modern model of the criminal process ofUkraine can be essential only when its concept is unquestionably based on the provisions of the Constitution of Ukraine andinternational legal standards and is carried out in terms of constitutional principles: rule of law, independence of court, right toprotection. as well as the principles of adversarial and other principles of justice. In the context of reforming the legal system of Ukrainein the European integration process, there is a convergence of the domestic legal system with the EU legal system, so the relevance ofthe study of the conceptual framework of the criminal process of Ukraine on the basis of international human rights law objectivelyincreases.The Association of Ukraine to the EU necessitated the adoption of a number of legal principles, first of all the rule of law andadversarial principles, through international law, and not exclusively through national prism, because their modern understanding isgreatly influenced by such judgemental factors as: 1) codification of international law and its progressive development; 2) compliancewith the international legal obligations of Ukraine as a subject of international law in the field of human rights protection, arising fromboth international treaties and customary international law; 3) the responsibility of Ukraine as a subject of international law for theimplementation of international obligations.
 The article analyzes the national experience of legal regulation of adversarial proceedings in criminal proceedings, explores va -rious scientific approaches to this problem and concludes on the actual inequality of the parties in criminal proceedings, as well asdefines the legislative model of the criminal process in Ukraine. The analysis of international legal acts, provisions of the Constitutionof Ukraine, CPC of Ukraine and positions of procedural scholars given in the article gives grounds to state that the tendencies of deve -lopment of criminal procedure legislation of Ukraine bring the criminal process of Ukraine closer to the public-competitive model withAnglo-Saxon elements on an international and constitutional conceptual basis.The conceptual foundations of the modern criminal process of Ukraine are a system of theoretical, legal and praxeological provisionsof general nature, enshrined in the provisions of international legal documents that define international standards in the field ofhuman rights and the Constitution of Ukraine, which directly affect the content and model of domestic criminal process. The basic basisof the concept of the criminal process of Ukraine is the Constitution of Ukraine, which determines the basis and form of any legal phenomenonin the state. Despite the fact that the concept primarily reflects the theoretical foundations, basic principles and prerequisitesof a particular activity, it forms the basic concepts, schemes and forms according to which this activity is implemented. Thus, changingthe conceptual basis of criminal procedure is its most radical reform, as it leads to the need to abandon previously substantiated postulatesand standards of thinking and action, to change the basic concepts that ensure a holistic perception of the system of this activity,and therefore should be based on Constitution of Ukraine, which will build a constitutional and legal model of adversarial criminal proceedingsin Ukraine.

Differetiation of extradition procedures in criminal proceedings of Ukraine

The article is devoted to the differentiation of the procedures for extradition of a person, depending on the procedure for implementation, into ordinary and simplified ones, as well as the study of the procedural mechanism for extradition of a person in a simplified manner, taking into account legislative changes, related to ratification of the Third Additional Protocol and the Fourth Additional Protocol to the European the convention on extradition of offenders. The procedural features of the simplified extradition procedure are associated with a specific mechanism for its implementation, in which certain subjects of criminal proceedings are involved, exercising the rights and obligations, provided by law: the authorized (central) body of Ukraine, the competent authorities of Ukraine (the prosecutor), as well as the investigating judge, the head of the institution of preliminary detention , defender, if necessary – translator. In the investigated order of extradition, the following are special: conditions and grounds for application, subject composition, terms, procedural acts, restrictions on appeal. Simplified extradition can be applied only with the written consent of the requested person, approved by the investigating judge, before the decision on extradition is made by the authorized (central) body of Ukraine upon request. Simplification of extradition proceedings is aimed at accelerating the latter, saving procedural time and money, as well as reducing the time frame for the application of measures of criminal procedural coercion. The legality of actions, decisions when deciding on the application of measures of criminal procedural coercion (detention, temporary, extradition arrest, the use of preventive measures not related to detention), as well as the voluntariness of consent to simplify the procedure and understanding of the consequences of this is ensured by the investigating judge by implementing judicial control. Facilitation of extradition contributes to the international fight against crime, but must be carried out with respect for human rights and fundamental freedoms and the inadmissibility of violations and lawlessness

Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine

The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution.
 The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition.
 Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.

Legal composition of the court in the first instance in the criminal proceedings of Ukraine

The legal composition of the court is part of the concept of «right to a fair trial». Requirements for the legal composition of the court relate to the number of judges, and in some cases also compliance with additional (special) requirements for judges (proceedings against minors; proceedings containing information constituting a state secret; proceedings in the High Anti-Corruption Court). Violation of the requirements of the criminal procedure law regarding the consideration of criminal proceedings in the court of first instance by the legal composition of the court entails the revocation of the court decision. This study pays attention to the presence of some gaps and inconsistencies in the regulation of certain issues related to determining the composition of the court in the court of first instance, and suggests ways to overcome the identified shortcomings of the law. So, according to Article 512 of the CPC of Ukraine consideration of the application of coercive measures of a medical nature is carried out by a judge alone. But there are certain cases when such proceedings are carried out by a collegial court, including a jury trial. Therefore, it is proposed to amend Article 500 of the CPC of Ukraine, noting that the proceedings on the application of coercive measures of a medical nature are carried out by a court composed of a judge alone, except cases provided by the CPC of Ukraine. The CPC of Ukraine does not specify the composition of the court in considering a request for the application of coercive measures of an educational nature (for persons who committed a socially dangerous act that falls under the signs of an act under the Special Part of the Criminal Code before reaching the age of criminal responsibility). In our view, the CPC should clearly define the composition of the court in this case. Key words: court of the first instance, composition of the court, improvement of criminal procedural legislation.

Implementation of the competitiveness of the parties during the trial in the criminal proceedings of Ukraine

The article reveals the essence of the principle of adversarial proceedings of the parties and the peculiarities of its implementation during the trial in the criminal proceedings of Ukraine. The theoretical views of scientists, which determine the essence of adversarial proceedings and the role of the court in criminal proceedings, are considered. Through the prism of the parties' adversarial proceedings, the norms of the Criminal Procedure Code of Ukraine (CPC) are analyzed, which determine the general procedure of court proceedings, as well as the procedural form of individual court actions. Amendments to the CPC to provide introductory speeches at the beginning of the trial to both the prosecution and the defense, which are aimed at ensuring equal rights of the parties and expanding the adversarial nature of the parties at this stage. The problems of ensuring the adversarial nature of the parties have been clarified, taking into account the case law of the Supreme Court and the European Court of Human Rights (ECtHR). The analysis of the case law of the ECtHR concluded that ensuring the right to a fair trial in criminal proceedings presupposes that the trial, including procedural elements, must be adversarial and in this process the principle of equality of arms and defense must be ensured.
 Attention is paid to the peculiarities of the parties' adversarial proceedings in special court proceedings, jury trials and criminal proceedings in the form of private prosecution.
 It is established that in the case law of the Supreme Court the participation of the prosecutor in the trial of criminal proceedings in the form of private prosecution is recognized as a guarantee of equality and adversarial proceedings, as well as protection of the rights and legitimate interests of the victim. Such participation is obligatory, except in the case when the prosecutor refused to support the state prosecution, and the victim agreed to support the prosecution in court

Trends and dynamics of application of the case law of the European court of human rights during the criminal proceedings: the statistical and the sociological research

In this article we have described the results of statistical and sociological observations of the application of the case law of the European Court of Human Rights (ECHR) during criminal proceedings in Ukraine. The purpose of this article is to identify trends and dynamics of application by national courts of the case law of the ECHR during criminal proceedings, to clarify the current state of law enforcement in this area.We conducted a statistical observation – Monitoring of the information of the Unified state register of court decisions (USRCD) on the state of application of the case law of the ECHR by national courts during criminal proceedings, which illustrates a steadily growing trend: more than 20 times from 2014 (0,1 %) to 2020 (2,24 %). We analyzed the results of the monitoring of the USRCD by territorial units and established the difference in the rates of application by the courts of first and appellate instance of the case law of the European Court of Human Rights during criminal proceedings in the first half of 2020 by 5 and sometimes 8 times between different regions of Ukraine.We conducted a sociological survey - Survey of the expert community on the application of the case law of the ECHR in criminal proceedings. We analyzed the results of the survey which indicate that 89% of the surveyed use the case law of the ECHR during criminal proceedings. We found that the average frequency of using the case law of the ECHR in criminal proceedings is 36,8 %.We propose to introduced in the USRCD a mandatory hyperlink to the decision of the ECHR to the database of the ECHR «HUDOC» in the national court decision (supported by 67,1 % of respondents); create an additional filter in the functionality of the USRCD to search for the case law of the ECHR (supported by 87,5 % of respondents); create a distance learning portal to study the case law of the ECHR (supported by 89 % of respondents)

Ensuring Security for the Participants of Criminal Proceedings: Forensic Aspects

One of the urgent tasks of criminalistics has been studied – the content and elements of forensic security of the participants of criminal proceedings have been determined. Traditionally, this activity is given considerable attention in the areas of criminal law, criminal procedure, as well as operative and search activities. The few works of criminalists mainly reflect the problems of anonymity of interrogating the witnesses, recommendations on tactical features of the interrogation and identification by the means of videoconference. Thus, there are currently no comprehensive studies of forensic aspects of ensuring security for the participants of criminal proceedings in Ukraine.
 Systematization and improvement of theoretical provisions of forensic security of the participants of criminal proceedings, determining the content and elements of forensic aspects of the researched activity will facilitate both further development of forensic science and have a positive impact on investigative and judicial practice.
 The author has defined such forensic aspects of ensuring the security for the participants of criminal proceedings as technical and forensic, tactical and forensic, methodological and forensic. Technical and forensic aspect should cover the development and improvement of scientific principles and forensic recommendations for the application of special technical means and methods of ensuring the security of persons. The content of tactical and forensic security of the participants of criminal proceedings will be the development of scientific principles and forensic recommendations for the application of organizational measures and tactical means and methods (tactics, tactical combinations, tactical operations) during the preparation, conduction and recording of certain investigative (search) actions with the participation of persons, in respect of whom security measures are provided. Methodological and forensic security of the participants of criminal proceedings should include the development of methodical recommendations on such specific features of investigating certain types of crimes due to the security of individuals, in particular due to the interaction of law enforcement agencies in ensuring the security for the participants of criminal proceedings, the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc.

Mediation in criminal proceedings: legal regulation in Ukraine and foreign experience of application

The purpose of the article is to study those conceived of the use of the mediation institution in the criminal proceedings of European countries to implement positive experience in Ukrainian law. The theme of the study is the institution of mediation in criminal proceedings. The following scientific methods were used in the research: dialectical, formal and logical, and legal, system and functional, comparative and legal, legal and other modeled methods. We study the concetorities of the regulation and legal of mediation in criminal proceedings in Ukraine, as well as the practice of its implementation, which is more than modest with other European states. Therefore, we draw on the experience of countries such as Germany, Poland, and the United Kingdom. It is concluded that, given the successful functioning of the mediation institution in most countries, we propose to emulate this positive practice and a separate law "On Mediation" in Ukraine. It is established that the main right for the legislative registration of mediation in Ukraine is the lack of information on the existence of such a way of resolving a criminal case.

Proportionality of Interference with the Right to Peaceful Enjoyment of Property During the Seizure of Property in Criminal Proceedings in Ukraine

This article considers relevant science and law enforcement practice issues of state intervention’s legitimacy in the right to peaceful property enjoyment in criminal proceedings during property seizure. These issues are considered everywhere through international instruments’ prism, particularly the Convention for the Protection of Human Rights (ECHR) and Fundamental Freedoms, Article 1 of Protocol No. 1 to the Convention and the ECtHR case-law. Based on the ECtHR case law, the authors analyze the conditions under which the state may interfere in exercising a protected right, often called criteria for intervention. Based on the fact restrictions are permissible if they are prescribed by law, necessary in a democratic society and pursue a legitimate goal, the authors consider these conditions through the lens of national law enforcement practices of Ukrainian criminal proceedings. The authors emphasize the relevance of these criteria of the legality of individual rights restriction in criminal proceedings since when applying for property seizure, the Ukrainian legislator requires investigating judges to consider reasonableness and restriction proportionality of property rights, and apply the least onerous seizure method, not suspend or excessively restrict a person’s lawful business activities, or other consequences significantly affecting others’ interests. Due to the amendment of the Ukrainian criminal procedure legislation, the practice is slowly approaching the European Court of Human Rights practice’s European standards. However, proper systematic, logical and consistent court decisions limiting the human right to peaceful property possession remain critical. Based on the study, the authors offer a model of logical reasoning, following which the investigating judges can correctly formulate the motivational part of the decision to satisfy or deny the request for property seizure. Particular attention is paid to the reasonableness, suitability, necessity, and proportionality of the means of restricting the right to peaceful enjoyment of the property and describes each of them.

Free secondary legal aid as a method of implementing of constitutional humans rights within the criminal procedure

The article investigates the functionality of the Institute of Secondary Legal Aid in the aspect of exercising a person's constitutional right to defense, comprehensively examines the status of a defender in the process of providing secondary legal aid. In addition, attention was paid to the legal basis and standardization of professional legal assistance. The authors of the article outline the key theoretical and practical problematic aspects of the provision of free secondary legal aid by authorized entities in criminal proceedings in Ukraine. Defender's status in the process of providing secondary secondary legal aid has been established. The article investigates that the bar is the main institution that provides protection, representation of interests of persons entitled to legal aid. In addition, it is considered to be the subject of quality assistance, because it is the lawyers who are directly involved in setting up a free secondary legal aid system. In the course of this study it is found that the term “legal aid” in the context of the Law of Ukraine “On Free Legal Aid” combines the person’s right “to have a defense counsel appointed when the interests of justice (the nature of the case, the consequences for the accused and his ability to defend on their own) require it or when the person does not have sufficient funds to pay for this defender”. The quality of free legal aid depends on many factors. First of all, from how responsibly and me-ticulously the lawyer will perform his work. In particular, the lawyers discussed the thesis of incentives to provide quality assistance, as the large number of cases in the lawyer, hinders concentration, and as a result, reduces the level of positive decisions. In addition, free legal aid does not provide support to citizens in applying to international courts, such as the European Court of Human Rights. Assistance at the international level can be provided by the system of public receptions of the Ukrainian Helsinki Human Rights Union.

Inadmissibility of Evidence in Criminal Proceedings in Ukraine

The aim of the article is to analyze the problematic aspects of finding evidence inadmissible in criminal proceedings, as well as to formulate, according to the Criminal Procedure Code of Ukraine (CCP of Ukraine) and the case law of the European Court of Human Rights (ECHR), proposals for elimination of existing shortcomings on the issue raised. In the article used general scientific and special methods that enable to obtain scientifically sound conclusions and proposals. In particular, scientific methods, such as dialectical, comparative-legal, system-structural, modelling, abstraction, generalization and logical, are applied. The problematic issues of the procedure for finding evidence inadmissible in the criminal proceedings of Ukraine are studied. The significant violations and shortcomings in collecting evidence by the pre-trial investigation bodies are under focus. The authors clarify grounds for the inadmissibility of evidence and the types of inadmissible evidence. The analysis of investigative practice and case-law enables to conclude that a violation in taking one piece of evidence in criminal proceedings may lead to finding a number of other pieces of evidence inadmissible (the doctrine of the fruit of the poisonous tree). The authors argue that the court should be proactive in resolving the issue of inadmissibility of evidence either on its own motion or on the motion by parties to criminal proceedings. The utilization of the case law of the ECHR in national law application activities are analyzed from legal perspective. The study establishes that ratio decidendi of the ECHR with regard to finding evidence inadmissible is that the issue of its inadmissibility is subject to regulation at the level of national law. The assessment of inadmissibility of evidence is the responsibility of national courts, and the ECHR is obliged to ensure that the means of taking evidence are fair.

International Standards for Ensuring the Right to Liberty and Personal Security in Criminal Proceedings of Ukraine

The purpose of this research is to analyze international legal standards that guarantee the right to liberty and personal security in criminal proceedings. The subject of the study was the requirements of international acts, the decision of the European Court of Human Rights and the provisions of the current criminal procedural legislation of Ukraine on the issues of guaranteeing and securing of that right. The authors of the article used the following methods: dialectics, comparative legal, system analysis, formal logic. The relevance of the topic of this article depends on the fact that the current direction of the reform of the criminal procedural legislation is aimed at strengthening the legal guarantees for the protection of a person, protection of his rights, freedoms and legitimate interests in criminal proceedings. Such a fundamental right of every human being as the right to liberty and personal security is no exception to this. In this context, the legal mechanisms for the application of coercive measures need to be reviewed, re-evaluated and adjusted. This, of course, reflects the approximation of national law to international legal standards, European values, the establishment of the rule of law, and so on.

TYPES OF DISPOSITION OF CRIMINAL JUDICIARY OF UKRAINE

The scientific article considers the issue of modern understanding of the essence of the principle of dispositiveness in the criminal proceedings of Ukraine, as well as its classification in scientific sources. At the beginning, the author emphasizes the importance of the existence of the principle of dispositiveness in criminal proceedings and its impact on the implementation of the rights and freedoms of participants in criminal proceedings. On the basis of the defined criteria the classification of dispositiveness in criminal proceedings is carried out: 1) on the maintenance - social, material and formal (procedural); 2) according to the methods of connection of elements in the structure of dispositiveness - horizontal (equal-order) and vertical (different-order); 3) by enshrining dispositive norms in the substantive or procedural law - substantive and procedural; 4) on the generality of powers used by the subjects of dispositive rights - general, group and exclusive powers (the right to the last word of the defendant); 5) on the subordination of rights and freedoms (legal provisions) of the subjects of dispositiveness - the main provisions, provisions that ensure the implementation of the basic; 6) depending on the scope of powers granted to participants in criminal proceedings, for a certain period of time - static and dynamic; 7) depending on how many participants in the criminal proceedings are endowed with dispositiveness in a particular criminal proceeding - unilateral and bilateral; 8) depending on the mechanism of realization of dispositive rights - constitutive and situational; 9) for the subject of dispositive rights - suspect, defense counsel, accused, legal representatives, victim, civil plaintiff, civil defendant, witnesses, etc. The author of the study formulates the definition of dispositiveness in the criminal proceedings of Ukraine - it is a conscious need for active and purposeful activities of entities endowed with dispositive rights, the implementation of which affects the emergence, change or termination of criminal procedural relations and aims to defend their own or representative interests.

CIVIL CLAIM IN A CRIMINAL PROCEEDING IN UKRAINE AS A MEANS OF GUARANTEE AND PROTECTION OF INDIVIDUALS’ RIGHTS

The article deals with analyzing the state of the civil claim scientific research in criminal proceedings in Ukraine and summarizing it. It was determined the relevance of scientific rethinking of the phenomenological foundations of a civil claim in criminal proceedings. It is proved that the importance of the mechanism of criminal justice has the issue of legal support of the institute of civil claim, as an important component of guaranteeing and protecting the rights and freedoms of citizens. First of all, this is explained by the importance of a civil claim in criminal proceedings, its actual role that a civil claim plays in the justice system, ensuring the protection of the violated rights of citizens. On the basis of the state critical analysis of a civil claim legal support in criminal proceedings in Ukraine, it was determined its components and given their characteristics, which include: 1) the subjective component of the legal relations relating to civil claim in criminal proceedings in Ukraine; 2) the procedural issues of filing and considering a civil claim; 3) legal and technical requirements relating to the form and content of the civil claim. It was made and justified the provisions concerning the prospects of improving the civil claim mechanism functioning in criminal proceedings in Ukraine. Transformation of scientific understanding and practical perception of civil claim in criminal proceedings as a means of securing and protecting human rights and freedoms has been proved, on the basis of which the directions of improving the functioning of the said legal institute in Ukraine are distinguished, namely: 1) enhancing the role and importance of the European Court of Justice’ s activities human rights in extending his practice to litigation in criminal proceedings in Ukraine; 2) strengthening the mechanisms of human rights protection at the domestic (national) level in accordance with the requirements of international law, which are a component of civil claim in criminal proceedings; 3) improve the procedure for enforcement of the decisions of the national courts of Ukraine in the part related to civil claim in criminal proceedings, etc.

ЕВОЛЮЦІЯ ЗАПОБІЖНИХ ЗАХОДІВ У КРИМІНАЛЬНОМУ ПРОЦЕСІ УКРАЇНИ

Стаття присвячена вивченню становлення інституту запобіжних заходів в кримінальному процесі України. Проаналізовано виникнення, розвитокта зміну запобіжних заходів в законодавстві від моменту їх появи до закріплення в сучасному вигляді. Автором наведено періодизацію розвиткузапобіжних заходів та специфічні риси, що були наявні для окремих заходів різних періодів. Було досліджено кореляцію історичних умов та події зпоявою або зникнення запобіжних заходів. Охарактеризовано нормативно-правові акти, які їх закріплювали та обставини, що цьому передували.

The features of the ensure the security of people involved in criminal proceedings in Ukraine

The article analyzes institute of the security assurance for people involved in criminal proceedings. It is established that despite the significant contribution made to solve important issues of this institute, the legal regulation of the process of security assurance for participants in criminal proceedings, as well as the mechanism of such assurance practically need immediate improvement, modernization, and further comprehensive research. Based on the analysis of the current state of security of participants in criminal proceedings, the reasons that affect the efficiency of such activities and measures to eliminate them, namely: financing of programs to ensure the security for people involved in criminal proceedings (creating a separate state fund through financial penalties for damages caused by crimes and funds that criminals make on bail); organizational support (establishment of appropriate terms of security measures, professional training of law enforcement officers who carry out security measures); establishing proper interaction between entities that protect such persons, etc. By analyzing these problems, we can conclude that they mainly lie in three major areas: legal, economic and organizational. The drawbacks in the legal mechanism for security ensuring for people involved in criminal proceedings in Ukraine are highlighted; the necessity and ways of improvement of the legislation in this area taking into account the world standards are substantiated. In this regard, we propose to at least supplement the CPC of Ukraine with a separate Chapter 10-1, setting it out as follows: “Application of procedural and special measures for the security of people involved in criminal proceedings”. It is also proposed that to ensure the security of people involved in criminal proceedings, it is necessary to create a special structural unit in the law enforcement system of Ukraine.