The Court Investigation in the Context of Realisation of Common Basics of Criminal Procedure

The article deals with the general principles of criminal proceedings and its implementation at the stage of trial (judicial investigation). The effect of general principles of criminal proceedings for judicial investigation has been studied; among such principles are access to justice and binding court decisions, competition and freedom to petition the evidence and to prove in court their credibility, immediacy in evidences, things and documents investigation, dispositive, the reasonableness of the terms. Implementation of the trial at first instance should be based on modern views on the function of the court, on the principles of criminal procedure and on the general principles of criminal proceedings. In the article particular attention was drawn to the issue of harmonization of national criminal procedural legislation with European legal standards for the implementation a fair trial within a reasonable time and for the introduction the real adversarial mechanisms of proceedings. The provisions of Criminal Procedural Code of Ukraine and the set the criteria for determining the reasonableness of the terms of the criminal proceedings have been analyzed in view of the European Court of Human Rights. It’s emphasized that the idea of competition shows itself during the trial and during some court actions conducting. The trial involves the proper performance of duties by the prosecution and the defense, their participation in the competitive process. Procedural essence of the immediacy of evidence, documents and things investigation has been disclosed as general principles of criminal proceedings and its impact on the nature of judicial proceedings has been studied. The essence of judicial actions (the structural component of the trial), its cognitive function shows in the investigative nature of judicial activities – evidence investigation.