Review

One of the celerantes proceedings in the CPC Ukraine is «the shortened trial».

According to the third paragraph of Article 349 of the CPC Ukraine the court has the right, if the participants in court proceedings do not object thereto, to find that examination of evidence in respect of indisputable circumstances is unnecessary. In so doing, the court ascertains whether said persons understand correctly the contents of such circumstances, whether there are no doubts regarding voluntary nature of their position, as well as explains to them that in such a case they will be deprived of the right to challenge these circumstances by way of appeal. There are many unresolved questions in theory of criminal procedure and practical activity, such as: list of obligatory is judicial-investigatory actions, participation of a defense counsel; motivation of judgments. The inconsistency of court practice in the application of the third paragraph of Article 349 of the CPC requires clarification of the normative regulation of the procedure, which in literature is called «abbreviated judicial investigation» or «simplified proceedings» in relation to: fixing confession of guilt as the conditions of application of the third paragraph of Article part 3 of article 349 of the CPC; recognized the compulsory participation of defense counsel; fixing special requirements concerning the motivation part of the judgment, which is approved in the order of the third paragraph of Article part 3 of article 349 of the CPC. The motivation part of the judgment must contain links to the evidence, that had been examined in court (in particular, the accused's testimony), and also the indication that the circumstances of criminal proceedings (in whole or in part), which are not disputed by parties to criminal proceedings, without stating the evidence on which they are installed, because collected in the pre-trial investigation and is not investigated in court factual data is not judicial evidence.

Keywords: shortened trial, examination of evidence, admission of guilt, indisputable circumstances, defense counsel, motivation of judgment.