REASONS FOR ADJOURNMENT OF THE JUDICIAL CONSIDERATION IN CRIMINAL PROCEEDINGS: CLASSIFICATION AND PROBLEMS OF REMEDIAL APPLICATION
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article investigates the reasons for postponing trial in criminal proceedings. Their essence and procedural peculiarities are revealed. The grounds for postponing trial in criminal proceedings are formulated and clarified. It should be noted that the terms in the criminal procedure, which are used by the legislator as one of the levers of influence on the subjects of criminal procedural legal relations, were also considered in order to fulfill the tasks of legal proceedings and protect the rights and legitimate interests of the individual. Particular attention should be paid to the Criminal Procedure Code observance of a reasonable time, which is extremely important for the proper administration of justice and the reasons for postponing trial. The right to trial within a “reasonable time” is a category of basic human rights and freedoms. On the basis of the critical analysis of the criminal procedural rules that constitute the institute of postponement of trial in criminal proceedings, an analysis of judicial practice has been carried out, which makes it possible to understand what are the main reasons for postponing trial in criminal proceedings and observing reasonable time limits by a court. The analysis shows that the courts in the overwhelming majority provide a complete comprehensive and objective review of criminal cases and mainly adhere to the requirements of the procedural law, but also there is a case of abuse of procedural rights of the parties during the trial. However, in separate cases, when considering criminal cases, courts do not fully adhere to the principle of reasonable time or grounds for postponement of court proceedings, which causes a delay in the process or violation of procedural rights. Based on the results of judicial practice on this issue, the problems of the application of the grounds for postponing the trial in criminal proceedings are identified and the most common grounds, which reflect the jurisprudence, are found out. The classification of the reasons for the postponement of judicial review, which reveals the essence of postponement of judicial review through the most characteristic features, is proposed.
Authors and Affiliations
Тарас Богданович Сеник
Keywords
Related Articles
- EP ID EP626021
- DOI -
- Views 67
- Downloads 0
GENESIS OF PENSION DEVELOPMENT IN UKRAINE
The article deals with the stages of the development of pension provision in Ukraine since the beginning of the nineteenth century and to the present. The formation of pension systems, which took place during a long hist...
MOTIVATION OF EXCEEDING OF AUTHORITY OR OFFICIAL POWERS BY A LAW ENFORCEMENT OFFICER
Classification of motives of exceeding of power or official authority by law enforcement officials. Provides guidance for preventive work with those employees with taking into account the possible motivation of their cri...
PRINCIPLE OF MEDIATOR’S NEUTRALITY
The purpose of this article is to study the essence and the scope of the principle of mediator’s neutrality within the mediation procedure of dispute settlement. Principle of mediator’s neutrality is prescribed by intern...
DEGREE OF SCIENTIFIC DEVELOPMENT OF THE STUDY OF ADMINISTRATIVE AND LEGAL SUPPORT OF THE ACTIVITIES OF THE PROSECUTOR'S OFFICE IN UKRAINE
The article is devoted to the analysis of scientific achievements in the field of administrative legal support for the activities of the prosecutor's office in Ukraine. Based on the analysis, it is concluded that, despit...
INFORMATION ADMINISTRATOR AS A SUBJECT OF ENFORCEMENT OF THE HUMAN RIGHT TO PUBLIC INFORMATION
The paper analyses the provisions of the Law “On Access to Public Information” concerning the content and types of the administrator of public information. The author clarifies the content of the information administrato...