FEATURES OF CRIMINAL PROCEDURAL REGULATION OF DETERMINATION OF CRIMINAL PROCEEDINGS BEGINNING IN UKRAINE AND FOREIGN COUNTRIES: COMPARATIVE ANALYSIS

Abstract

The article is devoted to features of criminal procedural regulation of determination of criminal proceedings beginning in Ukraine and Western European countries. The legislator, having refused of established and traditional approaches to affairs of lawmaking and law enforcement practice of Ukraine, borrowed a lot from the legislation of foreign countries.  Then on the basis of the comparative analysis the procedural aspects and some law norms were indicated which regulate the beginning of prejudicial inquiry in foreign countries. It was found out that the usual «borrowing» provisions of criminal procedural legislation of countries with the Anglo-Saxon law system and the Roman-German one is not substantiated enough.  Such offers as a rule do not take into account the significant differences of the law system of Ukraine of other countries. As the continental law system is mainly based on the judicial practice gained during ages. While the law system of Ukraine functions on the basis of legislation but not the case law likewise it does in other countries of the European continental law system. Then on the ground of the comparative analysis of features of criminal procedural regulation of determination of criminal proceedings beginning in Western beginning of prejudicial inquiry European countries the principles of the activity were separated regardless of law systems. Also the procedural mechanism of the beginning of prejudicial inquiry and procedure was analyzed which is based on the expediency principle.