- Journal Issues
- № 1-2 2020 Actual problems of criminal justice
- Classification of criminal procedural legal relations in the conditions of modern criminal judiciary
Classification of criminal procedural legal relations in the conditions of modern criminal judiciary
Review
The article considers the classification of criminal procedural legal relations in the conditions of modern criminal procedural legislation of Ukraine. Scientific approaches to the classification of criminal procedural legal relations, subjects of criminal procedural legal relations and their legal personality are studied.
The purpose of the article is to carry out the scientific classification of criminal procedural legal relations in the conditions of the new criminal procedural legislation.
The author investigated: scientific approaches to the classification of criminal procedural legal relations; the concept of the subject of criminal procedural law and the relationship with the subject of criminal procedural legal relations; The legal personality of the subject of criminal procedural law and its elements, such as legal capacity, legal capacity, tort. During the research, a critical analysis of this scientific material was made and our own scientific approaches to the legal capacity, capacity, tort of the subjects of criminal procedural legal relations were developed. During the author’s research a number of methods of scientific cognition were applied, in particular, as: method of scientific formalization; axiomatic method; hypothetical-deductive method.
Approaches to the classification of criminal legal relations are considered and the analysis of the mentioned approaches to the classification of subjects of criminal procedural legal relations is given.
The analysis of the criminal procedural legislation and sources of the international public law is carried out.
Theoretical approaches are generalized by the method of scientific deduction and the classification of criminal procedural legal relations is carried out, which can be applied in the conditions of modern criminal proceedings.
The author’s substantiated classification of criminal procedural legal relations, which is based on the subjects of criminal procedural legal relations, is given.
Key words: classification of criminal procedural legal relations; criminal proceedings; subject of criminal proceedings; subject of criminal procedural legal relations; signs of criminal procedural legal relations; criminal procedural capacity; criminal procedural capacity; protection of human rights; state security; fight against crime; law enforcement agencies.