The existence of special correlations between the criminal form of action and the criminal procedural politics of Ukraine determines the necessity of analysis of the specifics of the criminal procedural politics, its purpose, tasks, and main principles of its realization. The humanistic component of the criminal procedural politics, which contains human rights, plays a top role in solution of the question concerning the unification as well as the differentiation of the criminal form of action. The directions of the criminal procedural politics, which influence the choice of the law model of the criminal form of action of the modern criminal proceedings in Ukraine, are defined in the article. The regulation of the legal facts as to the main directions of the criminal procedural politics is realized in the Criminal Procedural Code (CPC) of Ukraine, for example, by means of fore sighting the peculiarities of a prejudicial inquiry, a court hearing as well as an appeal review of judicial decisions in frames of a criminal proceeding as to criminal misdemeanors, which define the differentiation of a criminal form of action in the direction of its simplification. It’s noticed, that the direct influence over the determination of a law model of the criminal form of action of the modern criminal proceeding in Ukraine, realize such directions of the criminal procedural politics as the expansion of the sphere of applying of the recovering procedures and a mediation; the creation of new procedures which assist to achieve the purpose of
the punishment; the humanization; the providing of task solutions in frames of a criminal proceeding with keeping to the standard of a reasonable period of time by applying the principle of a processual economy; the restriction of the constitutional rights of a person during the realization of a criminal proceeding with keeping to the principle of the ratability of interference, the purpose of using enforcement measures and so on. It’s noticed that the strengthening of the humanistic component in the criminal procedure law creates a content of a certain direction of the modern criminal procedure politics. More specifically the operation of the adversarial principle during a prejudicial inquiry is essentially expanded. As a result some new proceedings appeared at the investigating judge. A part of them contemplates an adversary procedure of dealing with subjects of the legal nature. The operation of the adversarial principle determined the new order of accomplishing of the prejudicial process by means of giving access to the materials to the other part. The transformation of the form of action that realizes this principle being in a state of the preliminary procedure determined its conceptionally new model which is optimized for the adversary criminal proceeding. The humanistic orientation has a an essential expansion of dispositivity in the criminal proceedings, particularly, these are the changing of the procedural order of acknowledging a person as injured or aggrieved, the implementation of agreements about
admission of guilt and about compromise and so on. The author remarks that the reform of the criminal proceedings legislation is not over yet with the adoption of the new Code, because the time of its implementation showed ad oculos those gaps and contradictions which should be disposed of during the further law making and the realization of the criminal proceedings politics, that is optimized for humanization of criminal procedure. It’s claimed in the article that there exist an indissociability of the criminal proceedings politics and the criminal form of action, which lies in the fact of a direct influence over the determination of a certain legal model of the form of action of the top-priority goals in the criminal proceedings politics in the context of a certain historical stage of the state development.
Keywords: criminal procedural form, criminal procedural policy, combating crime, criminal procedure law, criminal proceedings