COMBINATION AND SEPARATION OF MATERIALS CRIMINAL PROCEEDINGS

Abstract

The purpose of the article is to study the combination and selection of materials of criminal proceedings.The methodological basis of the article is general scientific and special legal methods, in particulardialectical, analysis, generalization, structural-functional, hermeneutic, dogmatic, comparative-legal.The results. In the article, based on the analysis of domestic and foreign criminal procedural regulation,and the study of court practice materials, a study of the unification and selection of criminal proceedingsmaterials was carried out.It states that combining the materials of criminal proceedings is a criminal procedural activity of thecourt, which consists in the integration in one proceeding of two or more materials of criminal proceedingsfor their joint trial. Instead, the separation of the materials of criminal proceedings is defined as a criminalprocedural activity of the court, which consists in separating the proceedings into two or more for conductingan independent trial in relation to them.It is claimed that in order to pass a court decision on the unification of materials of criminal proceedings, itis necessary to establish a material-legal connection between the accused (accused) and the criminal offense (offences) in each of them. Such a connection consists in the coincidence of the elements of the subject of proof,which at the same time relate to the accused (accused) and the criminal offense (offences).It is argued that the unification of the materials of criminal proceedings should provide an opportunityto assess the interdependence of the actions of the accused in the commission of criminal offenses, when theaccused commits a criminal offense as a result of the previous commission of another criminal offense byanother accused.It is justified that the materials of criminal proceedings cannot be separated into a separate proceeding, notonly when this may negatively affect the completeness of the trial, but also, if the circumstances, the evidenceconfirming them, and the conclusions of the court in the separate proceedings may affect the decision on theissue of the guilt of other persons, in respect of whom a separate trial will take place.Conclusions. Consolidation and selection of materials of criminal proceedings are elements of the systemof general provisions of court proceedings. They are designed to organize and optimize the trial of criminalproceedings, they are important means of ensuring an effective and fair trial aimed at protecting the rights andlegitimate interests of its participants.