Article title Differentiation of the Proceeding in the Court of First Instance According to the New Code of Criminal Procedure
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 6/2013
Сторінки [269-275]
Annotation The article highlights the criminal proceeding under the new Code of Criminal Procedure, which was reflected both in the changes in the system of criminal procedure, the appearance of new types of production, and in the implementation of the different types of procedures within a separated proceedings, which are differentiated according to certain criteria, taken by the legislator as the basis for the legal regulation of criminal procedure relations. It is clarified that the systematic analysis of the provisions of the new Code of Criminal Procedure, governing the trial, can ascertain the presence of several orders for its implementation, which differ from each other by the significant features and therefore can testify as to be about differentiation of the criminal procedural form at this stage of the criminal proceedings. It was concluded that the discussed criminal procedural orders of the court of first instance within the new Code of Criminal Procedure confirms the complexity and diversity of the problems of differentiation of criminal procedural form, the need for its doctrinal analysis and generation of evidence-based proposals aimed at optimizing the criminal proceedings and to ensure the rights and legitimate interests of the participants.
Keywords criminal proceedings in the court of first instance, the differentiation of criminal proceedings, the new Code of Criminal Procedure.