Анотація

The article deals with the historical experience of the formation of such principles as publicity and transparency of criminal justice, which will enable not only to find out the patterns of their development on Ukrainian lands, but also to critically analyze their normative reflection in various historical epochs of criminal-procedural relations, offering such a form their implementation, which will not repeat the past mistakes of criminal justice and will take into account the positive aspects that were tested by time.

The purpose of the article is to study the genesis of the principles of publicity and transparency of criminal justice, their periodization in accordance with the basic stages of development of criminal-procedural legal relations, as well as regulatory consolidation in the modern legal doctrine of Ukraine.

From the princely age, when the proceedings were conducted in state (princely), public, church and dominant courts. Particular attention is paid to consolidating the principles of transparency and openness in the modern legal doctrine of Ukraine. The trial was defined as a contest between the parties before a court, which was only the third in the dispute. The court only supervised the order of execution and issued a judgment. With the adoption in 1386 of the Krevsky Union, the judicial system is changing, and tribal justice (state, city, public, dominant, spiritual courts) applies to the Ukrainian lands that were part of the Grand Duchy of Lithuania. In 1435, on the Ukrainian lands (at that time, the territory of Poland), this judicial system was changed into the Polish trilank system of civilian and noble courts: zemstvo, public and sub-sea. During the Lithuanian-Polish days, the parties retained procedural activity, but the role of the court was already much larger. There was a significant narrowing of the principles of publicity, just as then understood the transparency. The reasons for this were the inequality of society and the official dependence of the parties, the strengthening of formalism. The trial of the case ("extortion") in many cases was closed ("absenteeism"). Publicity of court proceedings helps to conceal the traces of the crime, facilitates the conspiracy of the defendants, and also leads to distribution among the population, especially among young people, information on the methods of committing crimes. Appearance of the system of peace courts. Negotiating the development of the principle of transparency was influenced by the murder of Alexander II in 1881, which was due to the change in legislation aside the restriction of human rights and freedoms in the criminal process, including publicity as such. The following international legal acts, such as the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, which were implemented in the national legal system with the adoption of laws, had a significant impact on the establishment of the principles of transparency and openness of criminal justice in Ukraine. Also, the development of publicity and openness of legal proceedings have a significant impact on the European Court of Human rights.

Key words: principles, transparency and openness, criminal proceeding, criminal procedure.