PROBLEMICAL ASPECTS OF UNDERSTANDING THE RULE OF LAW IN THE SYSTEM OF CRIMINAL PROCEEDINGS (PRINCIPLES)

Abstract

The aim of the article is to analyze the of law principle rule from the point of view of its action in the system of the criminal process principles of Ukraine, to determine the problem aspects of this concept understanding and to outline the directions of reforming the criminal-procedural activity of the state. The subject of the research is the peculiarities of legal regulation of the law rule in criminal procedural law. The methodology of the research is based on the analysis of normative legal acts from the perspective of the law rule as a legal regime. On the basis of the comparative legal method of certain provisions investigation of the legislation of Ukraine and international acts, the possibilities of the principles reforming legal regulation reforming of the law rule in the criminal process are determined.

The results of the research showed that despite of the sufficient number of avoidances to violate the rule of law, there is a need to reform the criminal process in order to bring it to European standards.

The main direction of the criminal process reform is to ensure control over the authorities in order to realize the interests of citizens, therefore, the avoidances of the law rule principle are the interest both for society in particular and for the state as a whole. An attempt to build an effective system for preventing violations of the law rule principle should be aimed at creating a state of human security in its relations with the state. Criminal proceedings should encourage all participants in the process to properly exercise their rights and responsibilities. Practical implications. In order to ensure the rule of law in Ukraine, it is necessary to create a legal culture of legislation observance at all levels, and the law rule should be regarded as a legal principle within the framework of international and European integration processes, which includes a number of criteria which are distinguished by respect for rights and freedoms and legitimate interests of citizens. Correlation/originality. Conducting the analysis of the law rule principle in the framework of criminal prosecution can become the basis for developing the most promising directions for the evolvement of domestic criminal-procedural legislation of Ukraine.