The Issue of Priority of Criminal Procedure Policy in Strategic Documents of Judicial and Law Enforcement Bodies: Theoretical and Practical Analysis

Abstract

The article presents a comprehensive theoretical and practical study of the problem of the priority of criminal procedure policy in the strategic documents of the judicial and law enforcement bodies of Ukraine. It is substantiated that criminal procedure policy is a key mechanism for implementing the state's public legal policy in the field of criminal justice, which ensures a balance between the effectiveness of criminal prosecution, respect for human rights and the principle of the rule of law. Analyzing the regulatory and programmatic framework, the author concludes that existing strategies, such as the Strategy for the Development of the Justice System for 2024–2029, the Anti-Corruption Strategy for 2021–2025 and the State Anti-Corruption Program for 2023–2025, despite their progressive content and structural complexity, do not ensure the holistic integration of the criminal process as an independent subsystem of strategic management.

Attention is paid to the historical development of the concept of strategic planning in the field of criminal procedure, the process of evolution of program documents is revealed: from a declarative approach to attempts to operationalize procedural standards, in particular within the framework of anti-corruption policy. It is established that there is a conceptual imbalance between institutional reform and the substantive content of the criminal procedure component. Systemic problems are identified: the absence of a single procedural section in most strategies, insufficient detailing of procedural guarantees, fragmentation of interdepartmental coordination, as well as the lack of qualitative indicators of effectiveness.

Practical recommendations are proposed, in particular, the development of a National Strategy for Criminal Procedure Policy, the creation of a single monitoring system and the introduction of clear procedural indicators. The results of the study can be used in law-making activities, the development of government programs, in the educational process of higher legal education institutions and in the preparation of scientific and practical comments on legislation in the field of criminal procedure.