Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ ZENODOarrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
ZENODO
Article . 2019
License: CC BY
Data sources: Datacite
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
ZENODO
Article . 2019
License: CC BY
Data sources: ZENODO
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
ZENODO
Article . 2019
License: CC BY
Data sources: Datacite
versions View all 2 versions
addClaim

This Research product is the result of merged Research products in OpenAIRE.

You have already added 0 works in your ORCID record related to the merged Research product.

Problems of Defining the Essence and Content of the Principles of Openness and Transparency as the Fundamental Pillars of Criminal Justice under Present-Day Conditions

Authors: Vilhushynskyi, Volodymyr M.;

Problems of Defining the Essence and Content of the Principles of Openness and Transparency as the Fundamental Pillars of Criminal Justice under Present-Day Conditions

Abstract

The article defines the essence and content of the principles of openness and transparency in criminal proceeding, connected with criminal proceeding organization, as well as problems of enforcement of named principles in criminal trial procedure. By comparison of the relevant articles of the Criminal Procedure Code of Ukraine and the Law of Ukraine "On the Judiciary and Status of Judges of Ukraine", three intrinsic components of the transparency and openness of criminal justice can be distinguished. Firstly, it is the duty of the court to ensure transparency and openness of court proceedings, which is implemented by placing an announcement on the time, date and place of the court session, allowing the parties to the criminal process to familiarize themselves with the materials of the criminal proceedings, etc. Secondly, it is the right of the parties to a public and open trial, which consists of their rights to vowels and open court proceedings, awareness of the content of the claims and the opposition of the parties, familiarization with the materials of the criminal proceedings, to be heard in the court session, etc. Thirdly, it is the right of those who wish to be present at open court hearings, including the media, to disseminate and receive information on the activities of the court. In this regard, the subject of publicity in the criminal proceedings is not only information on the progress of the trial and its final results, but also information on the interim results of such activities. Also, the open consideration of cases enables individuals to directly familiarize themselves with the work of the court, and this increases his responsibility for the legitimate and correct resolution of the problem. In particular, it contributes to the reduction of the subjectivity of judges and allows all those who wish to ensure compliance with the legal procedures established in the procedural law of the case. At the same time, it should be noted that Ukrainian legislation in the constitutional norm and legislation on the judicial system and the status of judges, for some reason, instead of the notions of "transparency and openness of justice" or "transparency and openness of legal proceedings" operates with the notion of "transparency of the trial", which, in our opinion, is not entirely correct. That is, the realization of the rights of participants in the criminal process, taking into account the principles of transparency and openness of criminal proceedings, requires regulatory clarification and additions.

Keywords

principle, transparency, openness, justice, judging, criminal proceeding, criminal procedure.

  • BIP!
    Impact byBIP!
    citations
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
    OpenAIRE UsageCounts
    Usage byUsageCounts
    visibility views 3
    download downloads 3
  • 3
    views
    3
    downloads
    Powered byOpenAIRE UsageCounts
Powered by OpenAIRE graph
Found an issue? Give us feedback
visibility
download
citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
views
OpenAIRE UsageCountsViews provided by UsageCounts
downloads
OpenAIRE UsageCountsDownloads provided by UsageCounts
0
Average
Average
Average
3
3
Green
Related to Research communities