Review

This article explores the author vision of the constitutional principles of criminal justice. Author believes that the constitutional principles of justice is a system of fundamental, basic ideas that express the nature and content of the court in the exercise of justice, whose goal is justice. Author proposes a three-tier system consisting of general legal, interbranch and specific principles of criminal proceedings.

The general legal principles include principles that are relevant to all rights in the state (including for criminal proceedings). The courts can use norms of the Constitution as directly applicable, to justify its conclusions. These principles include the following constitutional provisions: the supreme of law, legality, justice only by the court, the presumption of innocence, the prohibition of double attract liable for the same offense, protection of rights and freedoms is the main obligation of the state (ch. 2, Art. 3); The Constitution of Ukraine has the highest legal force (Part. 1, Art. 8), international treaties are part of domestic law Ukraine (Part. 1, Art. 9); no one can be forced to do somethi

ng that is not required by law (ch. 1, Art. 19); human rights and freedoms are inalienable and inviolable (ch. 2, Art. 21) and others. In addition, almost all of Chapter II of the Constitution of Ukraine the rights, freedoms of man and citizen actually is a constitutional basis for the use of the courts, including in criminal proceedings as directly applicable.

By interbranch constitutional principles of justice may include the following: the official language of justice (art. 10); access to justice (Art. 55); the litigation only by the courts (art. 124); the participation of the people in the exercise of justice (p. 4 of Art. 124, p. 1, Art. 127); the independence and immunity of judges (art. 126); the independence of judges and conquer them only to the law (ch. 1, Art. 129); individual and collective litigation (ch. 2, Art. 129); equality of all before the law court and the court (para. 2 ch. 3, Art. 129); competition and freedom to provide evidence to the court and to prove in court their credibility (p. 4 ch. 3, Art. 129); the openness of a trial and its complete recording by technical means (p. 7, ch. 3, Art. 129); the provision of appeal and cassation court decision, except in cases established by law (para. 8, ch. 3, Art. 129); the binding court decisions (p. 9 h. 3, Art. 129).

Specific criminal proceeding principles are: providing proof of guilt (para. 3 ch. 3, Art. 129); the state accusation in court by the prosecutor (p. 5 ch. 3, Art. 129); to ensure the accused the right to defense (p. 6 h. 3, Art. 129).

Keywords: constitutional principles, justice, criminal justice, criminal procedure, principles.