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Article What if Decisions of the Constitutional Court of Ukraine Appear to be a «Legal Lighthouse» in the Rough Sea of Reforming Criminal Procedure?
Authors
Kaplina O.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 11 / 2013
Pages 12 - 21
Annotation The author provides the analysis of decisions of the Constitutional Court of Ukraine which have had a great influence on the criminal proceedings of Ukraine, were instrumental in its reformation and changed approaches to the understanding of individual institutes of criminal procedure. Issues in defining the force of decisions of the Constitutional Court of Ukraine and its legal positions when adopting new criminal procedure legislation, as well as the appropriateness of their extrapolation to the current legislation, and possibility of review by the Constitutional Court of Ukraine are examined. The legal nature of decisions and legal positions of the Constitutional Court of Ukraine as well as their significance for modern law enforcement practice are considered in the context of raised questions.
Keywords decisions of the Constitutional Court of Ukraine, revision of decisions of the Constitutional Court of Ukraine, dynamic interpretation, improvement of criminal procedure legislation.
References
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