????????: ????? ?????????????? ??????????? ?????????? ? ??????????? ??????? ? ???????

The article deals with the issues of providing the averment by an investigating judge throughout the duration of the interrogation of a witness, a victim during a pre-trial investigation in a court hearing. The author proposes to provide in the current CPC of Ukraine an exhaustible list of grounds for interrogation of a witness, victim during a pre-trial investigation in a court hearing.

The article is devoted to the problematic issues of development and adoption of the current Criminal Procedure Code of Ukraine and on the introduction of amendments and additions to it. The imperfection of its main legal institutions and the shortcomings in the organization of the functioning of criminal justice system are considered. The proposals for conceptual directions of perfection of the current CPC of Ukraine and reforming the court, prosecutor’s offices, pre-trial investigation and prosecution and advocacy are made: ensuring the functioning of a competitive model of the criminal process; a change in the interconnection of operational-investigative activity and pre-trial investigation ? a combination of search-investigative activity with a pre-trial investigation at the Detective Institute; reforming of protection function and advocacy of Ukraine; a change in the paradigm of criminal procedural evidence, taking into account the possibilities of modern scientific and technological progress and standards of proof of the European Court of Human Rights; it is proposed to expand the network of judicial and expert institutions at the expense of private institutions and increase the requirements for their accreditation; promotion and extension of the criminal procedural guarantees of judicial control as the most effective means of ensuring the lawfulness over observance of the rights, freedoms and interests of persons in criminal proceedings and the most effective means of prooftaking in criminal proceedings; promotion and extension of the criminal procedural guarantees of the court and an indicator of the effectiveness of the criminal justice bodies, the completion of judicial reform, which provides the creation of a professional and independent court; reforming training for criminal justice and reforming legal and special education according to the standards of democratic legal world countries and, in particular, the EU. It is concluded that only the comprehensive and systematic improvement of the current CPC of Ukraine with the foreground discussion in the professional domestic environment of the changes and additions and the reform of the criminal justice bodies in accordance with the standards of legal democratic countries can give positive results in building Ukraine as a democratic legal state with a social value of person and personal safety, and if necessary, protecting people’s rights, freedoms and legal interests or to renew them. It is proposed to improve some norms and institutions of the current CPC of Ukraine, in particular: to expand the powers of the defender in obtaining evidence; to expand the rights of the defender to appeal actions of investigator and to appeal of procurator’s actions, in particular appeal of a notice of suspicion by the defender; to exclude from the powers of the investigating judge the control over the lawfulness of the application of the most lenient measure of providing criminal proceedings ? a personal commitment, as well as temporary access, unless this involves the suppression of the originals of documents. The impossibility of delegation an investigating judge to call for expert evidence in criminal proceedings and to call for expert institutions as it does not correspond to the procedural status of an investigating judge and is a direct violation of adversarial system in a criminal trial, etc.

The author of the article states that the process of proving the acceptance of a proposal, promise or receipt of an unlawful benefit by an official in a pre-trial investigation is executed by an investigator is depend on an appropriate stage of criminal procedural proving (obtaining evidence, use of obtained evidence). The investigator’s activity at the appropriate stage of criminal procedural proving has a certain peculiarity and specificity. At the stage of obtaining evidence, the investigator as a subject of proving in a pre-trial investigation of the acceptance of a proposal, promise or receipt of an unlawful benefit by an official: 1) performs search, seizure, recourse to actual data and information about their sources; 2) verifies and evaluates the received actual data and information about their sources in terms of admissibility, affiliation, sufficiency and authenticity; 3) provide this actual data of the procedural status of evidence; 4) searches for an official who has accepted the proposal, a promise or received unlawful benefits, and other accomplices of the crime. At the stage of using the obtained evidences in the pre-trial investigation of acceptance of a proposal, promise or obtaining an unlawful benefit by an official, an investigator: 1) grounds his legal position about the application of a request for: the conduct of individual investigators (investigators) and secret investigators (investigators) actions; application of measures to ensure criminal proceedings; extension of the terms of pre-trial investigation. In addition, on the basis of the evidence obtained, the investigator has the right to file a complaint to the investigating judge against the decision, action or inaction of the prosecutor in case of unreasonable or unlawful refusal of the prosecutor to comply with the request of the investigator. 2) make appropriate procedural decisions on: conducting of separate investigatory (search) and secret investigators (search) actions; application of separate measures for ensuring criminal proceedings; application of security measures; suspension of pre-trial investigation; announcement of the official in search; closure of criminal proceedings

The article deals with the potential problems of delimitation of the jurisdiction of disputes between local district and world courts in Ukraine. The author analyzed a number of categories of disputes, which should be attributed to the jurisdiction of the world courts. It is proposed to amend the procedural legislation in determining the subordination of the magistrate courts.

On the issue of protection of the property rights of third parties, concerning the property of which the issue of arrest in criminal proceedings is being resolved. The article analyzes the normative mechanism of protection of the property rights of third parties, concerning the property of which the issue of arrest in criminal proceedings is solved, and the practice of its application. Attention is drawn to the innovations of legislation that require scientific reflection and interpretation. The features of the methods of protecting this right at the stage of pre-trial investigation and after its completion are singled out. In particular, issues related to the cancellation of property seizure, by filing a petition to an investigating judge (during a pre-trial investigation), a court (during the trial) (Article 174 of the CPC) are considered; appeal in an appeal court order of the investigating judge on the arrest of property (Clause 9 Part 1 Article 309, Article 310 of the CPC). It is emphasized on the need to respect the rights and legitimate interests of third parties, regarding the property of which the issue of arrest in criminal proceedings is being resolved. The legal positions of the Constitutional Court of Ukraine, the High Specialized Court of Ukraine for the consideration of civil and criminal cases, international legal documents and decisions of the European Court of Human Rights on specified issues are analyzed. Other aspects of the protection of the property rights of third parties are investigated, regarding the property of which the issue of arrest in criminal proceedings is being resolved, by using the mechanism of appeal of procedural decisions in the course of the closure of criminal proceedings. Based on the analysis of scientific positions, the provisions of the current legislation and judicial practice of its application, ways are offered for solving problems that arise during the implementation of mechanisms for the protection of the property rights of third parties, regarding the property of which the issue of arrest in criminal proceedings is being resolved.

The author of the article, based on the analysis of the provisions of the criminal procedural legislation, concludes that the current CPC of Ukraine, in comparison with the CPC of 1960, substantially improved the criminal procedural guarantees of the prosecutor as a subject of averment during holding an inspection in the pre-trial investigation. At the same time, the five-year experience of the application by the authorized agents of the prosecution has shown that the criminal procedural guarantees of prosecutor as a subject of averment during holding an inspection in a pre-trial investigation are inadequate as foreseen by the current CPC of Ukraine. The author points out the imperfection of the provisions of the first part of the Article 241 of the CPC of Ukraine, which defines the essential purpose of the inspection in criminal proceedings, and underlines the fact that it shall be amended as follows: «An investigator, a prosecutor makes an inspection of suspect, witness or victim for the detection and extraction of traces of a criminal offense on their body, or detection of special signs, if this does not require a medicolegal investigation. Detected, seized traces of a criminal offense or detection of special signs are subject to mandatory fixation in the protocol of inspection. « It is noted that the exclusive authority of the prosecutor to make a decision on holding an inspection has a negative effect on the effectiveness of the implementation of the criminal procedural guarantees of the prosecutor as a subject of averment during holding an inspection in a pre-trial investigation. Based on the analyses of the scientific points of view on this issue, as well as taking into account the criminal procedural legislation of certain foreign countries, the author of the article proposes to amend the article 241 of the CPC of Ukraine, namely: the first sentence of Part 2 of this article shall be amended as follows: «The inspection is carried out on the basis of a resolution of the investigator, the prosecutor and, if necessary, with the participation of a medical assessor or a doctor»; the first sentence of part 3 of this article shall be amended as follows: «An investigator, a prosecutor, before the beginning of the inspection of the person, present to this person a determination for holding an inspection.»

The research provides analysis of specific issues regarding execution as well as consideration of a reconciliation transaction, concerning the age of a party that concludes a transaction, transaction initiation, parties that contributed to executing a transaction. Consideration was given to the time frames of the transaction conclusion; suggestions were made to its expanding. It was suggested to legally incorporate the obligatory participation of a lawyer while engaging into a transaction. Were examined the features of victim participation in a conviction transaction as well as modalities relating to the protection of his/her rights were proposed. Besides, the legislation requirements as to the content of a transaction were examined (with regard to the seriousness of a criminal offense, the parties to the transaction, compensatory obligations caused by a criminal offence, effects of a transaction); were proposed legal means to improve the basis and procedure of a reconciliation transaction as well as its content. Both public and private interests of a reconciliation transaction and guilty pleas were analyzed

The Criminal Procedural Code of Ukraine took effect on 20 November 2012, and since then 51 amendments have been made thereto. Many of them were caused by the objective factors: the State’s direction toward visa regime liberalization for Ukraine; necessity to ensure the State is functioning in its special social and political period; creation of new subjects of procedural activity; and necessity to improve the proceedings mechanism and measures on criminal proceeding enforcement. Concurrently, certain events in political, economic, and social domains became a force for change while being of an ad hoc nature. At the time of their happening, neither the effects on public bodies, which are governed by the procedural legislation rules, nor the ones on the society in general were taken into account. Analyzing the amendments made to the Code, one may safely say that the essential part of related draft laws was not duly elaborated by law specialists prior to their being submitted to the Verkhovna Rada of Ukraine for approval thereof. As experience in the field has consequently shown, some of them proved to be incompatible with other provisions of the Criminal Procedural Code and regulatory acts, to which academic processualists drew attention repeatedly. This has led to law administration problems, the rise of artificial competition between the provisions, and ambiguity in applying thereof, which, in its turn, frequently resulted in new and, often, repeated, amendments to the same articles of the Criminal Procedural Code of Ukraine. For instance, the Article 170 of CPC («seizure of property») was amended 4 times, whereas the wording of the provision was changed twice

Based on the results of the analysis of the provisions of the current criminal procedural legislation of Ukraine, materials of law practice, scientific sources, the author analyses the problem issues of determining the procedural form of documents reclamation as a manner of obtaining evidence by a defender in criminal proceedings. The article argues that the domestic legislator did not specify in the current CPC of Ukraine the procedure of the documents reclamation by the defender in criminal proceedings. The results of the analysis of materials of criminal proceedings provide grounds for the author’s conclusion that, in practice, the documents reclamation of a defender, addressed to the state bodies, local self-governmental bodies, enterprises, institutions, organizations, officials and individuals or reclamation their copies is carried out by submitting advocates’ request in accordance with the procedure provided by the Law Of Ukraine «On Advocacy». The author formulates a list of requirements, which must meet the lawyer’s documents reclamation, and proposes to make appropriate amendments to Part 1 of Art. 24 of the Law of Ukraine «On Advocacy». The article underlines that the documents, received as a result of submission of the advocate’s reclamations will not be recognized as admissible evidence in criminal proceedings, since, according to Part 1 of Art. 86 of the CPC of Ukraine is admissible if it has been obtained in accordance with the procedure established by the CPC of Ukraine. In view of this point, in practice, cases where investigators (detectives), prosecutors, judges do not recognize admissible evidence documents obtained as a result of the submission of advocate’s request are not common. In this regard, it is proposed to supplement Part 3 of Art. 93 of the CPC of Ukraine, the following provision: «The documents reclamation, is made by the defendant, of or reclamation their copies, certified in the established procedure, with the exception of documents or copies thereof, which constitute state and official secret, shall be carried out by filing a advocate’s request in the manner prescribed by the Law of Ukraine «On Advocacy»

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 article analyzes the typical forms of encroachments on the stock market, which are foreseen by the criminal legislation of foreign countries. The author refers to such typical encroachments: forgery of securities (the production of counterfeit securities); use of counterfeit securities (regardless of their issuers); Issue (issue) of securities, which is carried out in general in prohibited ways or in violation of the requirements established by the current legislation; putting into circulation illegally issued securities; violation of the established procedure of circulation (illicit circulation) of securities; illegal use of so-called insider information. To distinguish these typical forms, criminal law is analyzed in the Netherlands, Denmark, Germany, Poland, Switzerland, Sweden, Spain, Bulgaria, Uzbekistan, Azerbaijan, Kazakhstan, Georgia, Belarus, Latvia, Estonia, Japan, China, Russia, Serbia, Tunisia. The formulated conclusions determine the typical and non-typical forms of encroachments on the stock market, their correlation among themselves, the significance for the content of these forms of properties of the stock market and legal constructions. It is substantiated that the typical forms of encroachments reflect the essential, most common characteristics of the attack and the damage it inflicted on the «work» of the stock market of any country (or most of the countries with a similar stock market system). It is determined that the standard forms refer to the violation of the following phases of the «work» of the stock market: associated with the exercise of the powers of the stock market participants, depending on the form of the security (forgery, use, sale of deliberately fake securities); associated with the process of issue (issue) of securities, their introduction into circulation and circulation; use of insider information in the process of issue (issue) and circulation of securities.

The article is devoted to the study of the peculiarities of the Syrian crisis and the American strategy of combating terrorism in the Middle East. The nature, causes and consequences of the Syrian crisis are investigated. The United States strategy in the fight against terrorism and extremism in the countries of the Middle East is analyzed. According to many politicians and scientists, in the modern world, the processes of globalization are proceeding and all countries and peoples adhere to their cultural and civilizational values, wishing to preserve their cultural identity. The type of state structure that exists in the United States and other developed countries is not suitable for developing countries, including the Middle East. It is unlikely that the imposition of Western values on foreign countries by means of force might lead to positive results, which Washington counts on. Rather, the results will be exactly the opposite. The main mistake of the strategists of the West is that they believe in the universality of Western civilization and consider it suitable for all countries and peoples. But the world consists of different civilizations that have different value systems. The world has always been and remains a polycivilizational one. Hence the conclusion is that if the West had learned to respect the cultural uniqueness of other civilizations, then there would be less violence in the world. Differences in the ownership of power and the struggle for military and economic resources are the main driving force of world politics. Power is a way to become stronger and better protect your interests and the values of your country and your people. The space of any national culture is formed under the influence of the basic valuable attitudes chosen by the religious tradition. The concept of the «Greater Middle East» originated in the framework of the American approach to the Middle East question. For the first time, the «reconstruction» plan of the Middle East was formulated by President Bush junior in his speech in November 2003. The main goal of George W. Bush’s policy was the spread of freedom and democracy around the world. In accordance with the concept of the Greater Middle East, it was stated that Western democracy is a universal tool that can ensure the modernization, prosperity, justice and dialogue of cultures in the modern world. Therefore, the main task was to create a community that would fully meet the interests of the United States on the basis of «reconstruction» of the Middle East. However, all attempts of the West to change the political structure of the «Middle East» gave, as we see, unpredictable consequences and once again confirmed the individuality of the country and the specificity of each individual person.

?? ???????? ???????????? ???????: ???????? ???????? ???? ?????????? ??????? ???????? ??????? ????????????? ??????? (??????????? ????????? ???????? ??????? ?? ???????????? ????????????????)

The article focuses on the expediency of proper legal and regulatory support for the country’s economic activity as a necessary condition for the prevention of economic crimes. The author has paid an attention to the necessity of taking measures for the reimbursement of losses caused to the state. He has stated that the fundamental transformations and reforms that are carried out in Ukraine in all spheres of state and social life, the formation of a legal state is inextricably linked with the strengthening of the rule of law, especially in the sphere of economic relations. The economic power of the state, the welfare of its citizens depends on the state of enforcement of economic laws in the implementation of economic relations, including the use of budgets. One of the key issues in preventing economic crimes remains the effectiveness of state regulation and control over economic activity. Its legal support needs substantial improvement. In order to intensify the actors’ activities of combating crimes, wages should be organized on the basis of actual work results and actual load of law enforcement and controlling officers, and to improve the guarantees of their burden and social protection. The organization of the prevention of crimes related to the illegal use of public funds requires an integrated and systematic approach, since the study of the structure of crime shows that criminal offenses are mostly taken only by those who commit theft of public funds in small amounts, and the number of such persons is constantly increasing. The competence of the National Police in the context of the prevention of crimes committed with the use of public funds should primarily be aimed at inspection of compliance of the current budgetary legislation by local self-government and public administration, and performing the functions entrusted to them by the above mentioned authorities to ensure compliance with budget law requirements and in the course of their activities with the fulfillment of their own duties.

The article is devoted to the study of ways to improve the criminal law mechanisms for protecting the right to freedom of expression and journalism in Ukraine. The author notes that the right to freely express their views and beliefs is a guarantee of the independence of members of civil society of the state, the subordination of the state to civil society. Obviously, without this right, society is not able to withstand the information expansion of the state, to defend their own views on the events that take place. Freedom of speech creates a significant guarantee of public control over state power. The author draws attention to the fact that in addition to the shortcomings of the normative regulation of liability for violation of the right to freedom of speech and for violations of the law against journalists, there are a number of problems of procedural, organizational and methodological provision of an adequate level of effectiveness of the fight against offenses in this area of public relations. Decriminalizing certain minor forms of interference with the access of journalists to information will accelerate the prosecution of offenders and serve to prevent future violations of journalists’ rights. An important author believes it is necessary to harmonize among themselves methodological recommendations for investigating crimes against journalists, approved by the National Police of Ukraine and the Prosecutor General’s Office of Ukraine. It is also necessary to bring the text of these recommendations in line with international standards in the field of freedom of speech, the protection of the right of the person to access information and protection of journalistic activities. The urgent issue is the holding of coordination meetings between representatives of journalists’ circles, unions and public organizations with the Coordination center for providing free legal aid in order to establish a mechanism for providing professional legal aid to the victims of the crime

In the article, based on the analysis of scientific sources on criminology and practical materials, the problematic issues of the organization and order of conducting private investigatory (search) actions at the initial stage of the investigation terrorist acts committed with the use of a self-made explosive device are analyzed. It is concluded that the success of the disclosure, investigation and judicial review of a terrorist act committed with the use of a self-made explosive device depends, first of all, on the proper professional processing of its initial stage, as well as in the professional organization of carrying out secret investigative (search) actions at this stage and adhered to the established procedure for conducting them. Pre-trial investigation of a terrorist act committed with the use of an explosive device begins from the moment when the criminal proceedings commenced by the subject of the criminal act are received, which is a legal fact that gives rise to the relevant criminal-procedural legal relations. The introduction information to the URPR determines the moment when pre-trial investigation begins. A prerequisite for an effective solution problems of criminal justice is the proper organization of both the investigation as a whole and its individual stages. The organization of the investigation is to ensure optimal conditions for its most effective implementation of criminal proceedings in accordance with the requirements of the criminal procedural law. The most effective unconscious investigators (search) in the tactical operations of the initial stage investigation of terrorist acts committed with the help of a homemade explosive device are: location of the radio electronic device, if known the approximate time of laying the homemade explosive device on the object; the removal of information from electronic information systems in order to identify the commentators, disseminate information on the Internet about a terrorist act; removal information from transport telecommunication networks; audio, video control of the person; the observation of a person, thing or place that is expedient, first of all, in relation to a suspected person in committing a terrorist act, accomplice in a crime.

The article substantiates the necessity of distinguishing within the limits of the theory of operative-search activity of the private theory of operative-detective counteraction to crime in places of deprivation of liberty. The present state of the development of the theory of operational and investigative activity is analyzed and the position of scientists is systematized in relation to modern directions of its development. Taking into account the work of the researchers, the available scientific approaches to the system of separate theories of operative and investigative science are singled out. Based on the methodological approaches developed within the philosophy of science and the theory of operative-search activity characterized modern forms of systematization of scientific knowledge. Attention is drawn to the fact that, as in other humanities, the development of the theory of operational-search activity is carried out through the integration and differentiation of scientific knowledge, and also the main directions of the process of differentiation are singled out. The methodological unity of the processes of development of scientific knowledge between criminology and the theory of operative-search activity is noted, as well as the conclusions made regarding the current state of scientific comprehension of the theory of operational and investigative activity are noted. Attention is drawn to the fact that the development of the theory of operative-search activity is based on the model of the formation of separate theories of counteraction to specific forms of criminal activity, as well as the complex combination of this problem and the analysis of the peculiarities of operational and investigative activity of individual subjects of operational and investigative activities. Separate formed within the operational-search activity of individual theories of counteraction to specific forms of crime. The general scientific features of formation of private scientific theories are characterized, in particular the stages of formation of private theories are singled out. It is substantiated that the general stages of the formation of separate scientific theories are characteristic for the private theory of operative-search criminal activity in places of imprisonment. The boundaries of the subject of the private theory of operative-detective counteraction to crime in places of deprivation of liberty are substantiated

The article deals with the problems of election and application of a security measure of restraint as bail at the stage of pre-trial investigation. Moreover, the authors justifies the provision of the opportunity to appeal the specified preventive measure. The article critically examines the existing state of the possibility of appeal the use of bail and explains the need of amendments to the Criminal procedural code for the purpose of granting the right to appeal against the use of bail.

The article deals with the topical questions of counteraction by operational subdivisions to crimes in the international student’s exchange sphere. The range of these crimes is outlined. The essence of their detection and investigation is determined. The range of problems arising in the activity of operational subdivisions during the detection and investigation of crimes in the international student’s exchange sphere is determined. The ways of their solution are given. It is determined that detection of crimes in the international student’s exchange sphere and their pre-trial investigation are two interrelated stages of counteraction to this type of criminal offenses. Problems in the operational subdivisions activity at these stages are caused by the imperfection of the criminal procedural and operational-search legislation and also by considerable differences in the legal and regulatory framework at the departmental level. The solution of these problems is in the legislative regulation of the operational search of crimes and the operational support of criminal proceedings ? with the expansion of the rights of operational subdivisions, and in the interagency regulation of the interaction of the operational subdivisions of various law enforcement bodies on counteraction to crimes in the international student’s exchange sphere. The specific measures for the standardization of crime detection activities are proposed: 1) at the level of the Law of Ukraine «On Operational and Investigative Activity» to determine the concept, grounds and an exhaustive list of operational search measures; 2) to unify the departmental regulation of the operational search of crimes; 3) to regulate an order of the organization of operative search of crimes in the international student’s exchange sphere at the level of interagency normative legal act. It is proved that the participation of operational subdivisions in the pre-trial investigation of crimes in the international student’s exchange sphere has to include two interrelated elements: a) carrying out legal proceedings at the request of the investigator, the prosecutor or in coordination with them; b) carrying out a complex of measures within the operational support of criminal proceedings

The article presents the results of scientific analysis of the ethical category of trust as a fundamental principle of the lawyer’s relationship with the client in light of the existing international and domestic level approaches to the regulation of legal ethics. Justified that trust is an important factor in the effectiveness of professional activity of the lawyer, as client’s distrust to the lawyer is one of the main reasons for the failure to provide legal aid. Distrust negates the advantages of professionalism. Attention on the fact that the attorney-client relationship system instructions to adhere to honesty and truthfulness to the customer are advisory in nature, while for a lawyer they acquire traits of an absolute imperative. Based on the analysis of the international and domestic regulatory practices of the Attorney ethics concluded that trust as a moral and ethical category transformed to the corresponding principles institutions of advocacy. First of all it is about the principle of privacy confidentiality and the Institute of attorney-client privilege, which are based on moral component and the problems of their provision are ethic component. In the end, concluded that the trust relationships determines the development of such principles and institutions as defining principles for advocacy, such as confidentiality and attorney-client privilege which develop in line with the general trends of social development and state-building processes and in determining which is the philosophy of man-centeredness.

Judicial constitutional reform of 2016 touched a question substantial appearance about a place and role of advocacy in Ukraine. In this work a question is affected about a place and role of advocacy in society and state, open up essence description of this law-enforcement institute. Seeing in advocacy independent the institute of civil society, an author selects it both separate and public functions. Today’s domestic civil society goes through its initial stage of formation and development, overcoming the difficult steps in defending itself as an independent entity. This process is extremely complicated, and sometimes controversial. An illustrative example is the Institute of domestic advocacy, which is experiencing its formation as an independent institute of civil society in conditions of internal struggle and confrontation

In the article, based on the analysis of the Law of Ukraine «On the Judiciary and the Status of Judges», current criminal procedural law, as well as the draft laws on amending the procedural legislation, the procedural mechanisms aimed at ensuring the unity of the judicial practice of the Supreme Court, the effective realization of the right to a fair trial in the context of Article 6 of the European Convention on Human Rights, are considered. On the basis of the above-mentioned, the conclusions regarding the features of a crime, provided for in Art. 375 of the Criminal Code of Ukraine «Delivery of a knowingly unfair court decision» are made. The authors also infer that delivery of a knowingly unfair and unreasonable ruling of the Supreme Court on the transfer of proceedings in the Chamber (Joint Chamber or the Grand Chamber of the Supreme Court), ruling of the Supreme Court on the return of the proceedings to the judges’ panel or Chamber under the provisions of a new procedural law, is the ground for bringing the judges to disciplinary liability. However, delivery of a resolution of the Supreme Court diverting from the established practice, contrary to its previous positions, is characterized by a higher degree of public danger and, consequently, is a subject matter of a crime under Art. 375 of the Criminal Code of Ukraine. In addition, by analyzing new procedural legislation the authors conclude that delivering by a court panel (Chamber or Joint Chamber) a Supreme Court resolution diverting from the established practice, contrary to its previous position, cannot be characterized by guilt in the form of negligence, except when the judge-rapporteur misrepresents the actual case in his report, thus misleading the other members of the judges’ panel. In the latter case, in the actions of a judge, a member of the panel who is not a judge-rapporteur, there is no crime provided for in Art. 375 of the Criminal Code of Ukraine

Th?s ?rt?cl? is devoted to the understanding of the right to a fair trial in modern science and ?n?l?z?s it through the prism of its practical implementation. Author investigated the general normative and legal bases of ensuring the right to a fair trial and its purpose. The author critically approached the existing classifications of elements of the right to a fair trial in the legal science, as well as proposed his own vision of the outlined problem and described the aspects of the right to a fair trial in modern realities. The right to a fair trial is one of the fundamental principles in modern civilized states. Its legislative regulation, the system of guarantee and provision determine the status and level of development of legal culture in society. The historical, socio-cultural, legal features of the development of world states had the influence for formation of different understanding of the concepts of «fair trial», «the right to a fair trial». However, it is clear that only a complete terminological interpretation of these concepts will allow them to properly implement their content in practice. Understanding of the right to a fair trial depends on many factors that are not always in a strictly legal plane. However, in modern states with a stable and proper legal system, understanding of this right may have a generally accepted generalized view. Particular importance in the understanding of the fair court is put through the prism of the category of «justice» and its importance in different social groups and in different epochs. The modern scientific interpretation of the right to a fair trial is ambiguous and requires further elaboration. But we believe that the right to a fair trial includes four main aspects (content, institutional, material, procedural), which organically complement each other and form a single comprehensive understanding of the category we are discussing.

The article is devoted to the research the origins of the standard of proof «beyond reasonable doubt» in criminal proceeding. Based on the analysis of legal, philosophical, ethical literature and mathematical logic the essence of the given expression which is applied in our time in the form of a standard of proof «beyond reasonable doubt» was defined. The article examines the main vectors of the development of the criminal-procedural category of «reasonable doubt» and the application of the standard of proof «beyond reasonable doubt» by the judicial authorities. On the basis of analysis of key influential works main historical vectors of development and interpretation of «beyond a reasonable doubt» standard were unfolded: rational (as a mean to overcome uncertainty) and theological (as a mean to overcome «burden of sentencing»).

The use by the party prosecution of the audit findings of the financial and economic activity of the subject of economic activity, as well as other forms of procedural fixation of material and ideal images of the audit, is a widespread practice of forming the evidence base of the prosecution in the pre-trial investigation in criminal proceedings according to categories of crimes against property in the sphere of economic and service activities. According to the results of the author’s research, the analysis of the Ukrainian judicial practice of sentences in relevant cases has been analyzed by the selective method in the period from 2014 to 2017, and the synthetic division of cases suggested by the author is used by the author to use the results of audits on different categories by the party. As a result, the author concludes that the findings of audits of financial and economic activity have a great influence on the formation of the evidence base of the prosecution in certain categories of cases, also determines the conditions under which the results of the audit may have a more favourable effect on the party charges of the court

Effective prevention and counteraction to corruption is one of the most important problems of our time. On October 14, 2014, the Verkhovna Rada of Ukraine adopted a number of anti-corruption laws aimed at reforming anti-corruption system according to European standards. Observation and enforcement of these particular regulations by government agencies raises many questions regarding their effectiveness. The Law of Ukraine «On prevention of corruption» incorporated into the Criminal Code a new article (366–1), which introduced the concept of crime in the area of service and professional activities related to the provision of public services – ?declaring false information. The work is devoted to the analysis of the validity of the criminalization of Article 366–1 of the Criminal Code of Ukraine, determination of the practical and theoretical significance. The problems and shortcomings that arose with the introduction of changes to the current legislation were analyzed and recommendations for better efficiency were suggested. Amendments suggested to the Article 366–1 of the Criminal Code of Ukraine, will promote the effectiveness of this article in practice and eliminate the possibility of the subjects of the declaration refer to arithmetic errors while completing the declaration.

????????: ?????????-?????????????? ??????????? ??????? ???????????? ??????? ???????????? ????????????? ???????????