THE ROLE OF THE COURT IN PROVIDING THE PRINCIPLE OF THE COMPARISON OF THE PARTIES IN THE CRIMINAL PROCESS OF UKRAINE

Authors

  • N.P. Cherniak
  • A.V. Ivanitsa

Keywords:

principle of competition, parties to criminal proceedings, “active” court, “passive” court, institute of investigating judge, investigating judge

Abstract

The article examines the issues of ensuring the adversarial parties in the criminal process. The question of the role of the court as the main subject of the criminal process and the main functions of the court at the stage of judicial proceedings in the criminal case are considered in detail. The reasons, which lead the court to active probative activity during the competition of the parties, are considered. Also, this article is devoted to the scientific analysis of the current criminal procedural legislation of Ukraine in view of the problems of im­plementing the normative content of the principle of competition. Based on the results of the scientific search, appropriate conclusions were drawn.

Published

2018-06-27

Issue

Section

SECTION 8 CRIMINAL PROCESS AND FORENSIC SCIENCE; FORENSIC EXAMINATIO