Criminal Procedure Law of Ukraine in the Context of European Integration: Problematic Economic and Legal Issues, Ways of Reforming

Abstract

The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.

Access to Justice for Illiterate Women in the Southern Char Areas of Bangladesh

“…The complexities of presenting evidence, court decorum, and legal terminology can only be overwhelming to someone who has already dealt with the legal system (Bogachev, Nazirova and Shelkopliasova, 2021). Illiterate women could have confusion and doubt regarding their rights and duties due to needing assistance understanding the relevance of various legal papers, including pleadings, court orders, and affidavits (Horoshko, Nazymko and Pavliutin, 2022;Nizza, 2023).…”

Socio-Economic Determinants and Consequences of Criminal Offenses Against Sexual Freedom and Sexual Inviolability

“…Today Ukraine is on a difficult path of European integration, which determines the necessity of studying a number of acts of international legislation in order to adapt Ukrainian legislation to the legislation of the European Union. When considering the criminal and criminal procedural law of the European Union (hereinafter -the EU), it should be noted that there is no single regulatory act that would regulate criminal and criminal procedural relations of the EU Member States (Horoshko, Nazymko, Pavliutin, 2022). The development of a modern state requires the improvement of directions that ensure the realization of the priorities of national interests of Ukraine and its national security, one of which is the protection of rights and freedoms and legitimate interests of citizens of Ukraine, as stated in the National Security Strategy of Ukraine "The Security of a Person is the Security of the Country", approved by the Decree of the President of Ukraine of September 14, 2020…”