Principles of access to justice and guarantees of its implementation in criminal proceedings
In the conditions of competition and conflict of criminal proceedings, when the interests of its participants conflict with each other and are directly opposite, the importance of ensuring a real and not a formal mechanism for exercising the right to a fair trial increases. The above indicates the n...
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| Format: | Article |
| Language: | English |
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National Academy of Internal Affairs
2022-12-01
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| Series: | Науковий вісник Національної академії внутрішніх справ |
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| Online Access: | https://lawscience.com.ua/en/article/download/zasada-dostupu-do-pravosuddya-ta-garantiyi-yiyi-realizatsiyi-v-kriminalnomu-provadzhenni |
| _version_ | 1797394354961121280 |
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| author | Olha Kubarieva Roman Pertsev |
| author_facet | Olha Kubarieva Roman Pertsev |
| author_sort | Olha Kubarieva |
| collection | DOAJ |
| description | In the conditions of competition and conflict of criminal proceedings, when the interests of its participants conflict with each other and are directly opposite, the importance of ensuring a real and not a formal mechanism for exercising the right to a fair trial increases. The above indicates the need for an in-depth investigation of the structure and legal guarantees for the proper implementation of the principle of access to justice. The purpose of this study was to establish the content of the principle of access to justice and determine individual guarantees for its implementation in criminal proceedings. According to the set purpose and specifics of the subject of the study, a set of methods was applied, including formal logical, historical legal, methods of comparative and system-structural analysis, formal legal, comparative legal, statistical methods. The principal results and the practical value of this study are as follows. The content of an independent and impartial court was covered and legal guarantees of independence of courts from the executive power, procedural guarantees of independence of courts from parties to the process were defined. The study clarified the legally established conditions for ensuring the independence of the court, which are legally laid down in the provisions of Articles 34, 35, 389-391 of the Criminal Procedural Code of Ukraine. The possibility of supplementing the current criminal procedural legislation with an additional principle – “independence and impartiality of the court” was emphasized. The study justified that the exercise of the right of access to the court should not be limited and should apply equally to any participant in criminal proceedings, regardless of whether they are a victim, witness, suspect, or accused. It was argued that the provisions of Item 10 Part 1 of Article 284 of the Criminal Procedural Code of Ukraine limit the victim’s right to access to justice, depriving them of the opportunity already at the stage of pre-trial investigation to restore their rights, freedoms, and legitimate interests violated by the criminal offence |
| first_indexed | 2024-03-09T00:18:27Z |
| format | Article |
| id | doaj.art-98b98d1d3c664c93a90332672a56c871 |
| institution | Directory Open Access Journal |
| issn | 2410-3594 2786-7382 |
| language | English |
| last_indexed | 2024-03-09T00:18:27Z |
| publishDate | 2022-12-01 |
| publisher | National Academy of Internal Affairs |
| record_format | Article |
| series | Науковий вісник Національної академії внутрішніх справ |
| spelling | doaj.art-98b98d1d3c664c93a90332672a56c8712023-12-12T07:05:17ZengNational Academy of Internal AffairsНауковий вісник Національної академії внутрішніх справ2410-35942786-73822022-12-012744051https://doi.org/10.56215/0122274.40Principles of access to justice and guarantees of its implementation in criminal proceedingsOlha Kubarieva0https://orcid.org/0000-0002-2573-898XRoman Pertsev1https://orcid.org/0000-0001-9471-2962National Academy of Internal AffairsIsrael Police Central DistricIn the conditions of competition and conflict of criminal proceedings, when the interests of its participants conflict with each other and are directly opposite, the importance of ensuring a real and not a formal mechanism for exercising the right to a fair trial increases. The above indicates the need for an in-depth investigation of the structure and legal guarantees for the proper implementation of the principle of access to justice. The purpose of this study was to establish the content of the principle of access to justice and determine individual guarantees for its implementation in criminal proceedings. According to the set purpose and specifics of the subject of the study, a set of methods was applied, including formal logical, historical legal, methods of comparative and system-structural analysis, formal legal, comparative legal, statistical methods. The principal results and the practical value of this study are as follows. The content of an independent and impartial court was covered and legal guarantees of independence of courts from the executive power, procedural guarantees of independence of courts from parties to the process were defined. The study clarified the legally established conditions for ensuring the independence of the court, which are legally laid down in the provisions of Articles 34, 35, 389-391 of the Criminal Procedural Code of Ukraine. The possibility of supplementing the current criminal procedural legislation with an additional principle – “independence and impartiality of the court” was emphasized. The study justified that the exercise of the right of access to the court should not be limited and should apply equally to any participant in criminal proceedings, regardless of whether they are a victim, witness, suspect, or accused. It was argued that the provisions of Item 10 Part 1 of Article 284 of the Criminal Procedural Code of Ukraine limit the victim’s right to access to justice, depriving them of the opportunity already at the stage of pre-trial investigation to restore their rights, freedoms, and legitimate interests violated by the criminal offencehttps://lawscience.com.ua/en/article/download/zasada-dostupu-do-pravosuddya-ta-garantiyi-yiyi-realizatsiyi-v-kriminalnomu-provadzhennirestoration of violated rightsindependenceimpartialityjudicial protectionbinding nature of court decisions |
| spellingShingle | Olha Kubarieva Roman Pertsev Principles of access to justice and guarantees of its implementation in criminal proceedings Науковий вісник Національної академії внутрішніх справ restoration of violated rights independence impartiality judicial protection binding nature of court decisions |
| title | Principles of access to justice and guarantees of its implementation in criminal proceedings |
| title_full | Principles of access to justice and guarantees of its implementation in criminal proceedings |
| title_fullStr | Principles of access to justice and guarantees of its implementation in criminal proceedings |
| title_full_unstemmed | Principles of access to justice and guarantees of its implementation in criminal proceedings |
| title_short | Principles of access to justice and guarantees of its implementation in criminal proceedings |
| title_sort | principles of access to justice and guarantees of its implementation in criminal proceedings |
| topic | restoration of violated rights independence impartiality judicial protection binding nature of court decisions |
| url | https://lawscience.com.ua/en/article/download/zasada-dostupu-do-pravosuddya-ta-garantiyi-yiyi-realizatsiyi-v-kriminalnomu-provadzhenni |
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