About some aspects and problematic issues of modern criminal procedural policy of Ukraine

Abstract

This scientific article clarifies the essence and content of the current (since the adoption of the new Criminal Procedure Code (CPC) in 2012) policy on issues of criminal procedural direction, established related problems and legal gaps, as well as proposed author's proposals for their elimination.

 In particular, it was established that at the legislative and doctrinal levels, the necessity of supplementing the current Code of Criminal Procedure of Ukraine with the legal institution of "causes and conditions of crime", the subjects of which became the participants of the prosecution in criminal proceedings (investigator, investigators and prosecutor).

 It is proved that this approach of the legislator is logically justified by the theoretically adapted in practice doctrine of determination of all social phenomena and processes, including in the field of crime prevention and countermeasures.

 Based on this and taking into account the objective nature of the determination process, appropriate legal acts have been adopted at the departmental level, which oblige the above-mentioned participants in the criminal proceedings to identify the reasons and conditions that contributed to the commission of the crime, and to take the measures specified in the law to neutralize them, blocking, elimination, etc.

 The stated author's position is based in this scientific article on the results of domestic doctrinal developments on the specified topic of research, as well as on the problems of prevention and counteraction of recidivism existing in practice, which in the conditions of Russia's military aggression against Ukraine acquire special relevance, and therefore modern scientific works have no only not so much theoretical as practical value.