INTERNATIONAL STANDARDS OF CRIMINAL PROCEEDING (UKRAINIAN CASE)

One of the key problems of law enforcement in the area of criminal justice in Ukraine is compliance of legal regulation and criminal proceeding practice with international standards. In the course of abovementioned problem examination and formulation of scientifically grounded conclusions a set of scientific methods was applied: methods of formal logic (аnalysis, synthesis, deduction, induction, analogy, abstraction), special legal methods: comparative, historical, systemic analysis etc. Сurrently legal regulation of criminal proceeding is characterized as complex process, governed by international agreements and national legislation. Ukrainian government has already taken some important steps to ensure harmonization of Ukrainian legislation with the highest international standards, new Criminal Procedure Code of Ukraine was adopted in 2012 – but still this process cannot be considered as complete. International agreements signed by Ukraine are of the priority importance in the system of legal regulation. According to Article 1 of Criminal Procedure Code of Ukraine, Ukrainian criminal legislation comprises relevant provisions of the Constitution of Ukraine, international agreements identified as binding with the consent of Verkhovna Rada of Ukraine, this Code and other national statutory acts. International agreements of Ukraine, provisions of which must be taken into consideration during the criminal proceeding, are separated into groups: international agreements regulating issues related to human rights and freedoms; international agreements on international crime combating; international agreements on foreign legal assistance provision and other formats of international cooperation in the course of criminal proceeding; international agreements of Ukraine regulating the legal status or persons with immunity to criminal jurisdiction of Ukraine. In order to implement the highest international standards it is especially important to examine and implement ECHR practices in national legislation and law enforcement. Current tasks are defined as the following: further improvement of criminal proceeding in Ukraine, its compliance with international standards, harmonization of international agreements’ provisions with Criminal Procedure Code of Ukraine, use of best foreign practices, increasing the efficiency of international cooperation in this area, statutory acts drafting in order to elaborate the legislative provisions, forensic recommendations