Open AccessBASIC MODEL OF SEPARATE METHODIC OF JUDICIAL PROCEEDINGS: TASKS, CONTENT, STRUCTURE
Author(s) -
Yurii Myroshnychenko,
AUTHOR_ID
Publication year - 2021
Publication title -
pravovij časopis donbasu
Language(s) - English
Resource type - Journals
ISSN - 2523-4269
DOI - 10.32366/2523-4269-2021-77-4-164-170
Subject(s) - task (project management) , identification (biology) , relation (database) , computer science , law , order (exchange) , selection (genetic algorithm) , political science , engineering , artificial intelligence , botany , systems engineering , finance , database , biology , economics
The article is devoted to the problem of building a basic model of methodic judicial procedure, which in its content should disclose the activities of the court at all stages of the judicial system, give recommendations on the choice of its directions, procedural actions, use of the most appropriate means of influencing specific court situations complexes of procedural actions and tactics of their carrying out at various stages of judicial proceedings. The basic model of judicial methodical criminalistics complex may have the following structure: a) characteristic of the proceedings of a certain type, including the purpose, objectives and directions of judicial investigation; b) typical court situations that correspond to a certain stage of court proceedings; c) typical systems (algorithms) of procedural actions and criminalistics means of influencing judicial situations in order to implement the tactical tasks stipulated by them. The main task of building a basic model methodic of judicial procedure is to study it from a criminalistics standpoint and develop on the basis of knowledge (identified patterns) practical recommendations for decisions and actions of the court in typical situations of the general judicial procedure. Among the tasks of creating a basic judicial methodic can also include: 1) substantiation of the system of judicial proceedings; 2) selection of typical court situations in relation to each of its stages with the disclosure of the main activities of the court to resolve them; 3) development of generalized tactics of procedural actions, characteristic for each stage of court proceedings; 4) identification of the main forms of counteraction to criminal proceedings and development of ways to minimize its negative consequences. Along with the presence of general patterns of legal proceedings, on which the basic model of judicial methodics is based, it is legitimate to assume the presence of a number of features inherent in certain types of legal proceedings and criminal cases classified according to other criteria. Tier сriminalistic support of requires the development of separate scientific-methodical complexes of a lesser degree of generalization.