CLASSIFICATION OF STAGES IN JUDICIAL PROCEEDINGS
Author (s): Olefir L.I., Borysenko A.A.
Work place:
Olefir L.I.,
Ph.D. in Law, Senior Lecturer of the Department
of Criminal, Criminal and Executive Law and Criminology,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
ORCID: 0000-0003-4565-8968;
Borysenko A.A.,
First-year Master student, Educational and Scientific Institute of Law,
Taras Shevchenko National University of Kyiv, Kyiv, Ukraine
ORCID: 0000-0002-6054-8807
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2021. № 1 (9): 88-97
https://doi.org/10.32755/sjcriminal.2021.01.088
The article highlights the concept and essence of the judicial proceedings stages. The specific features of the proceedings stages in terms of their legal nature, functional purpose and their place in system of criminal proceedings are revealed. The correlative communications with other stages of criminal trial is proved.
The article is based on the analysis of scientific sources, domestic legislation, generalization of the practice of applying legal requirements and scientific knowledge.
It is found out that all stages of criminal process are considered as interactive and separate parts of criminal procedural activities that can be characterized by certain features of criminal procedural form.
It is defined that features of judicial proceedings stages include range of persons, series of procedural activities and procedural decisions. Every stage is separated from one another by the final procedural decisions, which divide the previous stage from the next one, complete implementation of procedural activities specific for earlier stage and afford an opportunity to conduct following procedural activities.
The article also provides an overview of the classification of judicial proceedings stages. The analysis of scientific and legal literature reveals that the procedure of bringing a person to criminal responsibility is be considered as a stage of a criminal prosecution instead of a stage of criminal proceedings.
Summing up the results, it can be concluded that the system of criminal proceedings passes the following stages 1) pre-trial investigation; 2) preliminary proceeding; 3) judicial proceedings; 4) proceedings in the court of appeal; 5) execution of court decision; 6) proceedings in the court of cassation; 7) proceedings in the Supreme Court; 8) proceedings on newly discovered circumstances.
Key words: stages, judicial proceedings, criminal proceedings, classification, procedural activities.
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