Review

The main garantie of justice by competent court is proper organisation the juridical system and clear and a legally grounded definition of jurisdiction rules. The valid Criminal procedural code of Ukraine established a few legal rules to delineation judges competition about criminal proceeding for the territorial jurisdiction. Moreover, the law provides a special determine for territorial jurisdiction in temporarily occupied territory of Ukraine. For the correct using criminal proceeding act which regulate that question, lawyers need study and taking into account the legal position of Criminal Cassation Court of the Supreme Court.

The main of the article is analyze criminal procedural law and practice of application of Criminal Cassation Court of the Supreme Court and summarise the main legal position about differentiation between the jurisdiction of the court in criminal proceeding on territorial jurisdiction.

As a results of research was concluded that in delimiting of competence of court about criminal proceeding in territorial jurisdiction. Firstly, taking in account committing criminal offenses, means the area, where was commiting socially-dangerous act (begun/continuing/finished or stoped) that had offence which provide for Criminal code of Ukraine. One of the circumstance to proof is a crime scene which must be clearly explored. If the scene of the criminal offence can`t established in territorial jurisdiction one`s first instance court, criminal proceeding must justise in the same territorial jurisdiction where the pre-trial investigation ended. 

In the article was showed a specific definition of territorial jurisdiction in criminal proceed of continuing crimes and several transactions with specificity of crime scene.

In the article was analyzed the practise of using special rule about changing territorial jurisdiction which locate in temporarily occupied territory in Ukraine and about criminal offences which was committing in the area of antiterrorist operation. Noted that this rules had an exceptional and temporary character, because the jurisdiction must determined for rules, clearly determined criminal procedural law for software the right on justice of competence court established by law.

Key words: competence of the court, territorial jurisdiction, criminal proceeding, Criminal Cassation Court of the Supreme Court, crime scene, time of committing the criminal offence.