ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Jurisdiction of the court in criminal proceedings

Jurisdiction of the court in criminal proceedings

Pages: 66-75
Year: 2017
Location: Pravova Ednist Ltd

Review

The concept of "jurisdiction of court in criminal proceedings" and its relation with other legal categories is describes in this article. It has been established that the content of the jurisdiction of the court in criminal proceedings covers the concept of "competence", "authority", "function" and "jurisdiction" and is conditioned by the subject-functional and territorial features. On the basis of the established structural elements of competence, the concept of criminal-procedural competence of the court is defined. A conclusion is made on the identity of the concepts of "criminal-procedural competence of the court" and "jurisdiction of the court" in the event that the court implements the criminal-procedural functions of justice and judicial control. The relationship between the jurisdiction of the court and the criminal-procedural functions of justice and judicial control are revealed.

The criminal-procedural functions by the court (justice) and the investigating judge (judicial control) is carried out within the limits of the jurisdiction established by law. The powers of the court are established by law and their volume should be sufficient for the administration of justice and achievement of the purpose of the criminal process in general.

The Legal Jurisdiction Institute plays an important role in defining a competent court and ensuring access to justice and the right to a competent court. The uncertainty of the territorial criterion when differentiating the jurisdiction of the courts jeopardizes observance of the rules of jurisdiction and the protection of the rights of individuals.

The problems of determination of territorial jurisdiction during the exercise of powers by the investigating judge and the proposals for their solution were clarified.

Keywords: court jurisdiction, criminal proceedings, competence of the court, powers of the court, functions of the court, jurisdiction, territorial jurisdiction. 

Jurisdiction of the court in criminal proceedings