Basic principles of the prosecutor in criminal proceedings under Criminal Procedure Code of Ukraine

• Authors: Rohatiuk, Ihor

Abstracts

EN

Principles have always been the cornerstones of the legal regulation of criminal proceedings affecting all participants of criminal process. Taking into account the accelerated pace of current law enforcement reformation, it is necessary to mention the institution of the prosecution and the key role of the principles of criminal proceedings when presenting the scientific background for further empirical findings. The majority of these principles define the priority directions of growth in the criminal process as well as create a favourable environment for the behavioural aspects of the parties to criminal proceedings. This article provides a comparative analysis of the existing criminal procedural principles of the prosecutor’s role in the criminal proceedings with the specification of the legality principle as a requirement for all subjects of the criminal proceedings, including the prosecutor, to use the norms and provisions of legal acts correctly, to comply with them consistently and to act precisely in accordance with them. It explores the historical origins of these principles and their determinants’ origin starting from the times of Kievan Rus and its unique judicial system and proves that the adversarial principle is closely connected with the dispositivity of the prosecutor’s participation in the criminal proceeding. Emphasis is placed on the correlation between the ‘principles’ and ‘foundations’ terms examined by Ukrainian and Soviet scholars and its application in relation to the newly adopted Code of Criminal Procedure of Ukraine.

Keywords

EN

criminal proceedings; dispositivity; prosecutor

• Publisher: Akademia Policji w Szczytnie
• Journal: Internal Security
• Year: 2016
• Volume: 8(1)
• Pages: 111-122

Contributors

author

Rohatiuk, Ihor

Identifiers

DOI

10.5604/20805268.1231545