Principles of criminal proceedings as requirements concerning the activities of public bodies, their customs and service persons (problems of regulatory administration)

The lack of the definition of the criminal proceeding principles in the criminal procedural legislation of Ukraine determines the relevance of the investigated problem. It is well-known that criminal procedural law should be developed in accordance with the constitutional principles of legal proceedings, which stipulate the regulation of criminal procedural relations in such a way that the obligation to ensure the rights and legitimate interests of a person is entrusted to pre-trial investigation bodies, prosecutors, investigating judges and courts. Given the public nature of the criminal procedure of Ukraine, the state assumes the obligation to directly protect the rights and legitimate interests of the participants of the procedure in almost all cases of penal acts without coordinating its activities with their will and desire. In this context an analysis of the criminal proceeding principles as requirements for the activities of state bodies and their officials is carried out. This addresses some statutory regulation issues. The article provides the author’s definition of the criminal proceeding principles. It has been established that the publicity of the criminal process is based on the procedural and official activity of subjects who carry out criminal proceedings. It has been noted that the basic provisions, expressed in the principles of criminal procedural activity, should be strictly observed by all subjects of law enforcement in the course of criminal procedural relations. The work has researched the essence of the criminal process and its distinction from other branches of legal activity. The conclusions and proposals aimed at improving the criminal procedure legislation are formulated.