Анотація

The article is concerned with the ways of interaction between international law (in all its forms) and criminal procedural law of Ukraine.

The article touches upon the issue of collision (conflict of law) rules’ realization. These norms define principles of connection between two systems: international law and criminal procedural law of Ukraine. In particular, the attention is addressed to the fact that the international law’s rule that is in conflict with domestic law must be self-executable in order to apply the collision rule.

The article outlines that constitutional rules have an imperative action for execution of collision rules. Specifically, international treaties and other obligatory international acts not only cannot define powers of public authorities’ servants that take part in criminal procedure but also cannot establish method of acting for them. It is unconstitutional and completely impossible in the legal system of Ukraine.

The authors give overview of the relationship between international law and domestic law of Ukraine. The article introduces the concept according to which international law can define only “a way of criminal procedure being procedured” and only if it is in a form of international treaty consented as obligatory by the parliament of Ukraine.

The authors examined a position of international treaties and acts of international treaties’ interpretation (especially practice of European Court on Human Rights) in hierarchy of the system of sources of criminal procedural law of Ukraine.

The article emphasizes the role of unwritten and “soft” international law, customs in international law and international agreements as possible non-binding sources in area of criminal procedure of Ukraine.

The results of this research fills up some gaps in the national doctrine on domestic legal system and will be useful for appropriate enforcement of criminal procedural rules of Ukraine.

Keywords: sources of criminal procedural law; international law;  system of sources of criminal procedural law;  conflict of laws rules;  hierarchy of sources of criminal procedural law.