THE NATURE AND STRUCTURE OF THE CRIMINAL PROCESS JURISDICTION
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 62, Issue 1
Abstract
The article is sanctified to determination of nature and structure of the jurisdiction in a criminal process. The analysis of positions of criminal judicial legislation and scientific researches is conducted from the theory of right and criminal process in relation to the article of jurisdiction of criminal realization. It is set that the jurisdiction of subjects of criminal process is determined in legislation through under investiga- tion, judge jurisdiction. Nature of the jurisdiction in a criminal process is investigated. It is marked that a state jurisdiction func- tion fully embraces the decision of legal conflicts in the state and envisages the sphere of activity as the ju- risdiction in a criminal process of criminal process organs. Certainly, that the general jurisdiction in a criminal process is the sphere of public businesses, that must be decided in the criminal law activity. Inwardly in the system of criminal process the general jurisdiction in a criminal process forms criminal judicial functions and jurisdiction of subjects of criminal realization. The structure of the jurisdiction in a criminal process is consists of a 1) general jurisdiction in a criminal process, 2) the functional jurisdiction, 3) the subject jurisdiction in a criminal process. The general jurisdiction in a criminal process presents all spheres of public businesses that are taken for realization of function of criminal process. The functional criminal judicial jurisdiction presents the sphere of public businesses in relation to that criminal judicial functions come true by state bodies (prosecution, justice). The functional jurisdiction is distributed among the subjects of realization within the limits of one function. The subject jurisdiction appears as a result of such distribution.
Authors and Affiliations
Maryna Horodetska
Keywords
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