Procedural Norms Research Articles

Definition and content of the concept of transparency of criminal justice

Common law approaches to the modern understanding of transparency in the sphere of public administration and judiciary have been considered. On the basis of the models for the definition of this concept and its content proposed in the specialized scientific literature, the author's definition of the transparency of criminal justice has been proposed. The circle of elements included in its content has been outlined, which have been also defined. Based on the provisions of the idea of judicial transparency in general, the definition has been formulated and the main features of the concept of criminal justice transparency have been outlined. Transparency of criminal justice is a principle that includes such principles of criminal court activity as transparency, openness, publicity, publicity, access to public information, accountability.
 On the basis of the analysis of criminal procedural norms that reveal the content of the principles of publicity and openness, suggestions have been made regarding: 1) increasing the degree of legal certainty of the norms that regulate the procedure for consideration by the investigating judge of a request for the conduct of secret investigative (search) actions; 2) it is necessary to take into account that the list of grounds provided for in Art. 27 of the Criminal Procedure Code of Ukraine, is not exhaustive, and/or to provide for the grounds indicated in this article, or to indicate that other cases provided for by the Criminal Procedure Code of Ukraine are possible. In this regard, it has been proposed to supplement Part 2 of Article 27 of the CPC of Ukraine with paragraph 6 as follows: “When the investigating judge considers the petitions of the investigator, agreed with the prosecutor, or the prosecutor to conduct covert investigative (search) actions, temporary access to things and documents (if there is a real threat of alteration or destruction of things or documents), as well as in case of need to ensure the seizure of property”; 3) the fact that the legislator, when setting out paragraph 1 of Part 2 of Article 27 of the CPC of Ukraine had not taken into account the fact that at the stage of pre-trial investigation the circumstances concerning the minor are also subject to consideration by the court, i.e. the investigating judge. Therefore, in such cases, one should talk about the expediency of protecting the personal interests of the suspect, who is already a minor, and not the accused. On the basis of the above, it has been proposed to set out paragraph 1, part 2 of Art. 27 of the Criminal Procedure Code of Ukraine in the following version: “If the accused or suspect is a minor”.

Testimony of witnesses in the system of evidence in economic judicial procedure

The article considers the place and role of witness testimony in the system of means of evidence in economic litigation. To this end, the relevant economic procedural legislation is analyzed, which provides a definition of the testimony of witnesses and regulates the procedure for obtaining them. The analysis of scientific sources revealed that the institute of witnesses, in economic litigation, is one of the topics of discussion not only among practitioners but also among scholars. A critical review of the positions of scholars on the place and role of witness testimony in the system of evidence in economic litigation. It is determined that the introduction of the institution of witnesses in economic litigation is aimed at unifying and simplifying the procedural aspects of litigation.
 It is established that despite long discussions on the use of the institution of witnesses in economic litigation, practice has shown the need to expand the means of proof through witness testimony, as it is seen that the study of such testimony in some cases can help establish objective truth and completeness. and comprehensiveness of the case.
 From the analysis of procedural norms it was concluded that the subjects of evidence in economic litigation may be persons who are not directly involved in the case. The witness belongs to this group of subjects. The positive feature of the witness is that he directly perceived the circumstances of the case with the help of the senses and the lack of legal interest in resolving the case. In economic litigation, there are cases in which the testimony of witnesses can be used, which determines the existence of certain relationships between the witness and the party.
 It was emphasized that if witnesses are involved in the trial, there is a risk of delaying the trial and, as a consequence, violating the principle of efficiency of the trial due to abuse of non-appearance of witnesses at the hearing. Amendments to the economic procedural legislation have been proposed to regulate the obligation to testify as a witness.
 It is proved that the introduction of the institute of witnesses in the economic procedural legislation is a positive change, which is aimed at bringing the economic justice of Ukraine closer to European standards.

Legal regulations of interrogation in conditions of maritime

The article examines the legal regulation of interrogation in martial law. During the statement of the problem it is noted that the imperfect legal regulation of interrogation in peacetime causes an increase in problematic issues of regulatory regulation of this procedural action in martial law. In the course of presenting the main material, the expediency of regulating during the martial law regime the exclusive possibility of the court’s departure from the principle of immediacy of the examination of personal testimony is emphasized. At the same time, the legal regulation of written protocols of interrogation at the stage of pre-trial investigation with the warning of individual participants about criminal liability should be left. Attention is drawn to the fact that the decision to recognize pre-trial testimony as evidence by a court cannot be made formally only in view of the imposition of martial law throughout the country. The court must assess the specific circumstances of the proceedings, the activity of hostilities in a particular area, the level of danger to the participants in criminal proceedings, and so on. It is stated that the legal regulation of international standards in extreme situations allows the recognition as evidence of pre-trial testimony recorded in the interrogation records at the stage of pre-trial investigation. It is concluded that during the martial law regime the legal regulation of interrogation should be carried out in such a way that in exceptional cases the court has the opportunity to deviate from the principle of immediacy of judicial examination of testimony. As a general rule, such cases should provide for the observance of appropriate procedural guarantees of human rights and freedoms in the course of obtaining and recording testimony at the stage of pre-trial investigation. Although in the most extreme situations of criminal proceedings (illness, death, threat of danger, etc.) the court should be able to accept as evidence the results of pre-trial interrogations outside the observance of procedural guarantees. It is concluded that the current legal regulation of interrogation during martial law generally corresponds to the circumstances of the relevant legal regime. At the same time, it is emphasized that the criminal procedural norms regarding the legal regulation of interrogation during the martial law regime need to be improved in relation to the regulation of the exclusive possibility of the court to recognize the results of pre-trial interrogations as evidence in criminal proceedings.

The place of the prosecutor's office in the institutional dimension of protection of constitutional rights and freedoms of man and citizen.

The article is devoted to the analysis of the place of the prosecutor's office in the institutional dimension of protection of constitutional rights and freedoms of man and citizen. It is established that the current multifaceted set of human and civil rights and freedoms, the peculiarities of their implementation and the real possibility of protection depend directly on the process of state formation, the various nature of political, economic, social and cultural factors.
 Certainly, the constitutional and legal norms, which are regulated in the Constitution, play the role of basic (fundamental) principles, are general, from them originate all other rules of conduct of a universally binding nature within the framework of national legislation. The provisions of the Basic Law are set out in more detail in the relevant (sectoral) laws, which contributes to the proper fulfillment of the functional purpose of the Ukrainian state, the main purpose of which is, inter alia, protection of human and civil rights and freedoms.
 Emphasis is placed on the protection of human rights to a large extent depends on the peculiarities of procedural norms of law, as well as the proper organization of the activities of public authorities. The mechanism of protection of socio-cultural and economic rights provides for the existence of a specific number of public authorities, additional guarantees of procedural and organizational nature.
 It is emphasized that an important component of the rule of law, which is applied in the exercise of the right to judicial protection, is the principle of proportionality, which provides, inter alia, prohibits arbitrariness not only the body authorized to adopt regulations, but also those.
 It is established that the reform of the prosecutor's office as an important element of the human rights protection mechanism should be carried out taking into account the positive experience of European states through strategic planning of sustainable development of the legal institution Ukraine-EU.

The Formation of Criminal and Police Proceedings in the Russian Law of the XVIII - Early XIX Century

The author researches the formation of the sectorial differentiation of legal norms regulating the investigation and analysis of criminal acts of different gravity in the Russian law of late XVIII - first half of XIX centuries. It is shown that Russian legislation of XIX century used two methods of formulating procedural norms that regulated the investigation, analysis, prevention and suppression of offences. It is suggested that the first method should be called a centralized one, as the norms of procedural character are contained in one part of the Law Code of the Russian Empire. An example of this is the systematization of the criminal procedure norms in Book II «On Criminal Court Proceedings», Vol. XV of this Code. Thus, the question of the existence of the criminal process as a sector of Russian law can be answered positively. The second method, which the author calls decentralized, means that procedural prescriptions are aligned with material norms and scattered throughout different parts of the Law Code of the Russian Empire. An example of this are the norms constituting a part of the police law - the police process. The legislation of the early XIX century categorized offences as either crimes or offences of little significance. Offences of little significance did not lead to criminal punishments, and their investigation did not require a full criminal procedure. Procedural actions in cases of little significance, as well as the activities of the police to prevent and suppress criminal actions, were regulated by a large number of legal prescriptions in the Russian law, which could be put together under a common name «the police process». In order to denote the degree of separateness of these norms in the Russian legislation, the author introduces the concept «the direction of legal regulation». It means a stable aggregate of accumulated and somewhat separate measures united by a common subject and key methods of influencing the society. The direction of legal regulation is the predecessor of the sector of law. The conducted research allowed the author to establish that by the XIX century the Russian legislator systematized the procedural norms on the investigation and analysis of crimes and offences of little importance as an independent branch - the criminal process, and the direction of legal regulation - the police process.

Legal regulation of recording criminal proceedings in martial law

The article is devoted to the study of the legal regulation of the recording of criminal proceedings in martial law. In the course of the problem it is pointed out that an important place among the regulations governing the procedure of criminal proceedings in martial law is occupied by legislative provisions that regulate the specifics of recording criminal proceedings. It is noted that the conduct of hostilities complicates the use of «normal» forms of recording criminal proceedings. During the coverage of the state of elaboration of the relevant issues, it is noted that the subject of the study of scientists were only general issues of legal regulation of the fixation of the criminal process in martial law. Scholars have not focused on the study of the legal regulation of the recording of criminal proceedings carried out in a situation of hostilities. During the presentation of the main material it is emphasized that the existing legal regulation of fixing the decision to initiate criminal proceedings during martial law is imperfect, because the current procedural rules may adversely affect the effectiveness of criminal proceedings at the initial stage of the investigation. It is determined that during martial law the legal regulation of recording the decision to initiate a pre-trial investigation by drawing up a resolution is superfluous, as this formality, even ex post facto, involves unjustified spending of pre-trial investigation resources. It is emphasized that the legal regulation of mandatory technical recording of all criminal proceedings, if there is a real possibility, along with paper (protocol) recording in full during martial law is considered quite controversial. It is stated that the procedural norms should contain provisions on the simplified, alternative fixation of the special procedure of criminal proceedings due to the legal regime of martial law. It is argued that the simplification and variability of the recording of criminal proceedings under martial law should be determined by the balance between paper and technical forms of recording. Emphasis is placed on the legal regulation of the peculiarities of the participation of witnesses in criminal proceedings during the martial law regime.

Развитие на административното наказване в годините след Освобождението и обособяването му в самостоятелно административнонаказателно производство

The subject of this article is the development of the administrative penalty in the years after the Liberation of Bulgaria and its establishment as independent administrative criminal proceedings. Administrative sanctions in Bulgaria existed even before the adoption of the current Law on Administrative Violations and Penalties (LAVP) in 1969, although not independently. This law regulates the legal definition of administrative violation: a human act expressed through action or inaction contrary to the established order of the ruling socialist government. With the adoption of LAVP and the repeal of Chapter XXVIII of the Bulgarian Code of Criminal Procedure of 1952, the administrative process is separated as independent along with the criminal and civil ones. LAVP already represents a systematic construction of substantive and procedural norms with global and developed sanctions.

Organisational barriers to institutional change: The case of intelligence in New Zealand policing

AbstractOver recent decades Intelligence‐led Policing (ILP) has become a central component of the attempts by New Zealand Police (NZP) to engineer a transformative shift away from ‘reactive’ policing to more ‘proactive’ approaches to crime reduction. ILP appeared to offer an effective response to increasingly complex crime problems, an expanded ‘mission’ and growing public demand, by placing crime intelligence central to decision making. As part of an international study exploring police intelligence, we conducted 20 in‐depth semi‐structured interviews with Police Intelligence staff at all levels of the police hierarchy. Our findings highlight five critical barriers to implementing a successful ILP project in New Zealand. We suggest ILP has not delivered its promised effect of catalysing a major reorientation of the modes of frontline policing or its delivery and argue that this is due to the structural resilience of traditional police cultural reluctance to allow long‐established practice and procedural norms to be fundamentally changed.

Legal regulation of criminal procedural detention in conditions of maritime

The article investigates the issues of legal regulation of criminal procedural detention in martial law. During the statement of the problem it is noted that for the optimal application of measures of procedural coercion to suspects it is necessary to bring procedural norms in line with the real situation of hostilities. It is pointed out that this issue primarily concerns the legal regulation of isolation measures of procedural coercion, in particular, detention on suspicion of committing a criminal offense. In the course of disclosing the state of elaboration of the relevant issues, it is emphasized that today there are still problematic aspects of the normative regulation of criminal procedural detention in martial law. In the process of presenting the main material, it is noted that during martial law the procedure for releasing a detainee is subject to standardization due to the following: expiration of the maximum term of restriction of liberty; failure to deliver the detainee within the specified period to the entity that has to decide on the application of precautionary measures. Emphasis is placed on the fact that in the absence of the normative requirement of «immediacy» («validity») of detention, subjects of pre-trial investigation in martial law will be able to detain a suspect regardless of the time elapsed after the crime. It is stated that the obligatory further, “approximate” judicial control over the circumstances of the suspect’s detention is essential for the effective protection of human rights and freedoms in criminal proceedings under martial law. It is determined that during the legal regime of martial law, the normative indication of a reasonable period of delivery of the detained person to the pre-trial investigation body or the prosecutor’s office will not be superfluous. In the course of the research, it is noted that it is necessary to bring the legal regulation of preventive detention in line with the regulation of detention provided by the criminal procedure law. The general conclusion is made that there are problems of legal regulation of criminal procedural detention in martial law, which need to be identified.

Problems related to the time limits of covert investigative action in a criminal case and notification of covert investigative action according to the Criminal Procedure Code of Georgia

For the scientific article: Problematics related to the terms of undercover investigative activities and notification on undercover investigative activities of a criminal case, according to the Criminal Procedure Code of Georgia. From October 1, 2010, Georgia has a new Criminal Procedure Code, which as per recommendations of the Committee of Ministers of the Council of Europe, ensured simplification and acceleration of an investigation. Regardless of the mentioned, the Criminal Procedure Code still contains the problematic issues, which are not unequivocally defined by the law and hinder the simplification of an investigation and procrastinate an investigation in some cases due to establishment of the unfounded artificial legislative barriers or faulty practice. The article examines the problematic issues arising in practice related to the terms of undercover investigative activities and notification on conducting undercover investigative activities; the advantages and disadvantages of the regulatory procedural norms of the mentioned issue and their settlement; the role of undercover investigative activities in acceleration and simplification of judicial procedure.The content of the article reveals the experience of foreign countries and former procedural rules of Georgia on the issues to be discussed and international recommendations. The mentioned article will hopefully arouse the interest of both practitioners working on criminal cases and scientists of the criminal field.In conclusion, it is worth mentioning that all procurators and investigators of Georgia almost every day face the problem discussed in the article in their daily activities. Consequently, scientific analysis of the issue and sound settlement of the raised problems will hopefully lead to the necessary legislative changes, which will assist the satisfaction of requirements of a timely, thorough and successful investigation of criminal cases.

Філософський вектор іншомовної підготовки студентів-філологів (кінець ХХ – початок ХХI ст.)

The article analyzes the processes that affect the training of future professionals in higher education institutions and highlights the philosophical and cultural principles of foreign language training of students of philology. It is about the conditionality of the issue of foreign language training of students of philology by the tasks of intercultural interaction, international integration and partnership, which is ensured by the balance of material and spiritual factors of development of peoples and nations. Foreign language training is an important factor in intercultural communication, aimed at ensuring the European integration of Ukraine, needs to adapt to appropriate educational conditions. The author calls the openness of Ukrainian education, as well as the priority of national interests in the process of intercultural interaction an important condition for cultural integration; the need for transformations of higher education in both substantive and procedural aspects on the basis of personal values.
 It is claimed that the renewal of education is carried out under the condition of revision of its content, its structure, procedural norms and results of mastering the program material and its value characteristics. The purposeful nature of higher education is determined by the social order of the state, which expresses public opinion and the purpose of educational activities, choosing certain competencies as the main categories of educational programs and determining the relevant learning outcomes.
 Among the factors of transformation of the higher education system in Ukraine, the scientist mentions the construction of integrated educational programs, development of common criteria for creating comparable qualification requirements, adoption of standards for assessing the quality of training of specialists with higher education which causes changes in the purpose and content of educational activities and, in turn, requires appropriate program and methodological support.
 Restructuring of foreign language training of students of philology is associated with the formation of its content, as well as the creation of new educational and methodological complexes designed to ensure this work in higher education institutions.

CRIMINAL INSTRUMENTS IN THE EFFECTIVENESS OF THE STATE RESPONSE TO CRIME (STANDARDS AND PRACTICE)

In the paper are explained the basic specifics of the criminal law reaction to crime, both from the point of view of analysing the dominant characteristics of the prevailing normative environment of control and suppression of crime, and considering the practice of procedural bodies within the sources of law created normative environment. The criminal law reaction is analysed in the context of considering the essential connection between criminal substantive law, is criminal law "statics" and criminal procedural law, as a kind of criminal law "dynamics", pointing to the dominant protective function, both criminal substantive law and functional and criminal procedural law, with the basic normative support contained in the relevant constitutional norms. Special attention is focused on the analysis of certain key provisions of the Code of Criminal Procedure, both in the de lege lata sense and in the de lege ferenda sense. The author notes that the current Code of Criminal Procedure is full of legal-technical and other mistakes, some of which are conceptual in nature, and whose correction would create conditions for more adequate and successful operation of judicial practice and the practice of bodies and officials of criminal procedure. The practice of criminal procedure bodies is specially analysed in the article, not only from the point of view of application of appropriate sources of law by the court and other procedural subjects, but also in the context of pointing out relevant and close connection between criminal procedural law and criminalistics. That criminalistics practice is of great importance for the application of law, and above all, criminal procedural law. The importance of effective criminal activity in the context of acting in accordance with the formal requirements arising from criminal procedure norms, is especially illustrated and explained by a review of the concept and basic structure of criminalistics, as well as its history. That is necessarily related to general social history, relevant social epochs, as well as with the history of criminal procedural law, especially in the sphere of basic evidentiary rules from which necessarily arises the dominant character of criminal procedure.

On the correlation of the rules on tribunal jurisdiction and exhaustion of means of appeal of judicial Acts in the civil process

The general condition for a consistent appeal is that the legislator has established a strict order of consideration of the complaint submitted by the courts of various judicial instances. When applying to the court of the relevant instance in order to challenge the issued judicial act, it is necessary to fulfill a certain condition of the exhaustion of the previous stage of the judicial decision review. The article discusses the sequence of actions of participants in the proceedings to appeal a judicial act, depending on the stage of the case. It is indicated that the judicial system is not built on the relationship of subordination between the courts of lower and higher levels. The history of the emergence of competing concepts in the appeal of judicial acts is studied. Arguments are given in favor of distinguishing the concepts of instantiation, consistent appeal and exhaustion of other methods of appeal, which determines the novelty of the study. In the course of the work, general scientific methods of analysis and synthesis were used, as well as a comparative legal private scientific method. The author comes to the conclusion that it is necessary to find a positive correlation between these competing concepts, as well as their uniform consolidation in the procedural codes – CPC and APC. The tendency of convergence of the rules of exhaustion of appeal methods in civil and arbitration proceedings on the way to the emerging standardization and unification of procedural norms is indicated.

Administrative and legal characteristics of the place and role of a judge of the Higher specialized court

One of the aspects of the implementation of judicial reform in Ukraine was the establishment of the High Specialized Courts, which were to ensure the administration of objective justice in important areas, including combating corruption and combating intellectual property offenses. In this context, it is important to determine not only the role and place of these judges in the judicial system of Ukraine in general, but also to provide administrative and legal characteristics of the place and role of judges of higher specialized courts in particular.
 The purpose of the article is the administrative and legal characteristics of the place and role of a judge of the higher specialized court.
 According to the principle of separation of powers, all three branches must be independent of each other. Concentration of power in a state body or person can lead to the seizure of power. The judiciary is the most reliable and civilized way to protect human rights and civil rights and freedoms, and judicial protection of human rights and freedoms is the most democratic and appropriate way to consider the facts and causes of various disputes and establish the truth in pending cases.
 As for the role of the judge directly in the process, the judge considers the case within the established procedural norms. Everything is based on the legal basis, and the judge is in fact the observer of the process, a person who, in accordance with the law, strictly adheres to all procedural norms.
 It is concluded that the role of a judge of the High Specialized Court is more important than the role of a judge of a court of general jurisdiction, as evidenced by additional requirements for candidates for a judge of a special court and the importance of requirements for highly specialized judges in general.

The Contribution of Anatoly Fedorovich Koni to the Development of the Criminal Process at the Beginning of the 20th Century

Based on a set of archival materials, the article shows the evolution of the views of the famous Russian lawyer Anatoly Fedorovich Koni in the 1900-1910’s on the essence and principles of the criminal process. Koni developed his creative potential in three aspects: practical, theoretical and legislative. At the beginning of the twentieth century, the theoretical and legislative activities of the senator came to the fore. As a practical lawyer, he actively participated in the drafting of comments on the Charter of criminal proceedings (where he gave a scientific assessment of the final debate in court, the accusatory speech of the prosecutor, the private prosecution, the defense speech of the lawyer, the conclusion of the prosecutor in cassation proceedings, etc.). As a participant in the legislative process, Koni defended in the State Council (in the early 1910s) bills aimed at improving procedural law. He defended the preservation of the rite of trial, insisted on changing the clarification to jurors of the issue of punishment for the accused, limiting the powers of the justice of the peace, etc. The role of the senator was especially active in 1917, when, as chairman of the subcommittee to change the Charter of Criminal Procedure, Koni had a decisive influence to change the judicial process in the Russian Republic. A huge contribution to the development of the foundations of criminal justice was made by the work of Anatoly Fedorovich – Judicial Ethics. In it, he set a high ethical and legal standard of conduct for all participants in the process. The study analyzes in detail those legal institutions of the criminal process that have become the object of study by the senator. Including the principles of procedural law, the procedure for considering cases of crimes of the press, the procedure for the rite of passage to court, the procedure for explaining to jurors the consequences of their sentence, the status of a private attorney, the status of a prosecutor in court, etc. The senator's ideas about the evolution of procedural norms are considered separately. The purpose of this work is to establish the contribution of A.F. Koni in the development of criminal justice through his theoretical and legislative activities. In preparing the publication, the problem-chronological method, as well as the historical method, were used.

Subject of Private International Law: Formation of Doctrinal Ideas

The formation of doctrinal ideas about the subject of private international law has been going on for more than a century, but this process cannot be called either completed or successful. It is incomplete since until now the understanding of the subject of the science of private international law is debatable and is replete with a wide variety of interpretations. It is unsuccessful, because the prevailing understanding of the subject of the science of private international law does not correspond to the scientific canons. The article shows that in the pre-revolutionary jurisprudence the scientific views both on private international law in an objective sense (as the set of conflict rules) and on the subject of science of private international law were characterized by certainty and reflected correlation between a fragment of reality (object) to be studied and the field of jurisprudence studying the given fragment of reality. In the post-revolutionary period of the development of Russian science, pre-revolutionary ideas about private international law as a conflict of laws were rejected due to ideological and political reasons, which led to a significant change in views on the subject of the science of private international law. In private international law, in an objective sense, both conflict of laws and substantive and procedural norms began to appear, as a result the subject of the science of private international law has been transformed into a theoretical construct that does not have clear boundaries. This approach was consolidated in the Soviet period and today forms the basis of the dominant doctrine. The author justifies the conclusion that the doctrine does not correspond to the scientific requirements to the differentiation of scientific knowledge, since the postulated provisions contradict scientific standards defining the subject of science, and the current state of affairs impedes building a general theory of private international law.

Administrative Procedural Law in Russia: Status, Problems and Prospects

Based on the analysis of legal acts, with the involvement of the works of Russian and foreign scientists, the results of modern research, this article describes the current state of the branch of administrative procedural law in Russia. On the basis of the doctrinal provisions of Russian and foreign administrative and administrative procedural legislation, the concept, content, structure and system of building the administrative process and administrative procedural law in Russia are studied. The purpose of the study is to formulate generalized recommendations for the legislator to eliminate existing gaps in legal regulation, to determine the directions and trends in the construction and development of the sectoral concept of the theory of administrative process and administrative procedural law, to develop proposals for improving the mechanism of legal regulation. In achieving the goal of the study, the Author relied on modern methods of cognition, identified and developed by legal science and tested by practice. The general methodological basis was the method of materialistic dialectics and conceptual analysis of legal reality, allowing to consider and reveal the problems of categorical understanding of the administrative process and administrative procedural law in a complex, inseparable unity with other legal phenomena and categories. In the course of the study, private scientific and special methods of cognition were used: formal-logical, analogies and generalizations (when presenting the entire research material and drawing conclusions); methods of systematic and comparative legal analysis (when studying normative legal acts and other sources); historical and statistical methods (in the process of retrospective study of legal acts, special literature on the issues under study); content analysis (in the process of sampling and analysis of certain provisions of legislative and other regulatory legal acts, statistical data, monographs, scientific publications). Using the method of legal modeling, proposals were formulated and substantiated for the modern interpretation of administrative procedural law in the mechanism of legal regulation, its role and place in the structure of Russian law. Within the framework of this study, appropriate legal tools are proposed for resolving the most important tasks today in the field of administrative procedural legal relations. For this reason, the core of the modern doctrine of administrative procedural law, in our opinion, can be the concept of the administrative process as a complex normative formation, strictly regulated by the legislation of the established procedure for the activities of its participants in resolving judicial administrative cases and cases of administrative offenses regulated by the norms of administrative procedural law. the rights. It is summarized that in a modern civilized civil society it is impossible only by the presence of norms and branches of substantive law to judge the development and democracy of the legal system of the state. Procedural norms play an important and increasingly significant role in ensuring the rule of law, protecting the rights, freedoms and legitimate interests of citizens and organizations from unlawful encroachments. Without fundamental scientific research on the legal process and the theory of procedural law in general and administrative procedural law in particular, it is impossible to assess the real state of the mechanism of legal regulation. And, consequently, the real state of law in the country and the degree of real protection of the rights, freedoms and legitimate interests of its citizens, organizations and businesses from unlawful interference in their legitimate activities by bodies and officials of the official administration.

GENESIS OF CRIMINAL PROCEEDINGS ON CRIMES COMMITTED BY

In the article, the authors conduct a reverse analysis of the dynamics of the development of social and legal phenomena and the reason for the investigative ties in public relations occurring in the Kyrgyz Republic, which directly contributes to the projection of the experience gained from the positive lessons of the past into the present, and it seems necessary to prevent the transfer of negative aspects of past experience into the realities of modern legal and social relations. The authors proposed their own classification of the dynamics of the development of legislation on the investigation of crimes committed by minors. The authors have identified independent stages in the development of legislation on crimes committed by minors, the features of which are due to the development of public relations and the legal system of Kyrgyzstan. The fact is stated that the current stage is the stage of evolution of the development of procedural norms regulating the participation of minors in criminal proceedings, aimed at humanizing the criminal process and introducing the principles of juvenile justice into criminal proceedings.

Form and content of amending agreement in civil procedure

The article is devoted to the analysis of the main theoretical and practical problems of concluding an amicable agreement in civil proceedings. The author considers the amicable agreement as a complex tool that has a material and procedural nature, and this, in turn, affects the order of its conclusion. The importance of compliance with the substantive and procedural norms that determine the procedure for concluding an amicable agreement, which would not otherwise be able to affect either the substantive or civil procedural relations, is noted.
 The author notes that the form of amicable settlement in civil proceedings is governed by civil procedural law, which requires the parties to submit to the court a joint written statement signed by both of them, which should set out the terms of the amicable settlement. The position of the legislator on the importance of concluding an amicable agreement in a single document to prevent abuse of the right to conclude an amicable agreement is supported. Taking into account the novelties of the current civil procedural legislation of Ukraine regarding the formation of the e-justice system, a conclusion is made on the possibility of concluding an amicable agreement in electronic form, which must be certified by electronic signatures of both parties.
 It is noted that the issue of the content of the amicable agreement in the legislation of Ukraine is poorly regulated, as in the substantive legislation there is no mention of the amicable agreement, and in the civil procedural terms of the amicable agreement is poorly defined. Due to this, in practice there are many cases when the courts do not approve the amicable agreement and continue to consider the civil case, because the parties thus determine the content of the amicable agreement that it does not comply with applicable law or violates the rights and interests of others. It is argued that in the content of the amicable agreement, the parties may define not only substantive rights and obligations, but also procedural (in particular, the right to reimbursement of court costs).

General provisions on the prerequisites for the occurrence of notarial procedural legal relations

The article is devoted to the study of the peculiarities of the preconditions for the emergence of notarial procedural legal relations. It is established that the emergence, development and termination of notarial procedural legal relations depends on certain conditions, which in the science of notarial process are called either prerequisites or grounds for the emergence of these legal relations. It is noted that all general scientific issues of preconditions or grounds for the emergence of notarial procedural legal relations are problems of general theory of law or theory of procedural law, are determined by it and must be resolved at the level of this theory. Peculiarities of preconditions or grounds for the emergence of notarial procedural legal relations exist only at the level of characteristics of individual elements of their composition.
 It is stated that notarial procedural norms of law and notarial procedural facts are indisputable prerequisites for the emergence of notarial procedural legal relations. Notarial procedural facts should be considered as grounds for the emergence of notarial procedural legal relations.
 The author of the article states that the category of legal capacity in determining the possibility of a person to be a subject of notarial procedural legal relations looks imperfect in the notarial process. Given the wide range of subjects of notarial procedural legal relations, their systematization, legal capacity alone does not explain the ability of individual subjects to be participants in specific legal relations. Therefore, the precondition for the emergence of notarial procedural legal relations should be understood notarial procedural legal personality. The content of this legal personality should be sought both in the legal capacity and in the legal capacity of the subjects. At the same time, the author believes that it is worth paying attention to other possible components of legal personality, which are distinguished in science.
 It is concluded that the set of prerequisites for the emergence of notarial procedural legal relations should be considered: 1) the rules of notarial procedural law; 2) notarial procedural legal personality; 3) notarial procedural facts.