Open AccessThe genesis of the development of domestic legislation and scientific opinion on the recording of court proceedings
Author(s) -
V. Berezuk
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.65.53
Subject(s) - criminal procedure , criminal code , law , legislation , institution , political science , ukrainian , constitutional court , code (set theory) , criminal investigation , democracy , legislature , criminal law , computer science , politics , constitution , linguistics , philosophy , set (abstract data type) , programming language
The result of Ukraine’s desire for European standards of living was the adoption in 2012 of the Criminal Pro-cedure Code of Ukraine, which introduced new criminal procedural institutions aimed at ensuring the rights and legitimate interests of participants in court proceedings. One such institution has been recording fixation hardware of court proceedings, which is currently carried out in the form of a full video recording of court proceedings. The article is devoted to elucidating the genesis and current state of criminal proceedings for the recording of court pro-ceedings. The article analyzes the development of the institution of recording court proceedings at different histor-ical stages of the formation of Ukrainian statehood. It is established that at different stages of the criminal process, the subjects who carried out such recording, the forms (procedures) of its implementation, and most importantly: the role of recording the proceedings, due to its purpose. It is stated that despite the legislative enshrinement of the rules on recording court proceedings in the Criminal Procedure Code of Ukraine of 1961, the recording of court proceedings as an institution to guarantee a public, democratic, fair court, it became possible to speak only with the adoption in 2012 of a new Criminal Code of the Procedural Code of Ukraine, which for the first time in history defined the recording of court proceedings as one of the general principles of criminal proceedings. And, despite the fact that the development and improvement of the principles of criminal procedure has not been completed, it can be argued that today the recording of court proceedings serves as a criminal procedural guarantee of respect for the rights and legitimate interests of every person involved in court proceedings.