CONCEPTS AND TYPES PROCEDURAL ACTIONS OF COURT IN CRIMINAL PROCEEDINGS

Abstract

The purpose of the research, the results of which are presented in this article, was to define the concept of court procedural actions through the creation of a classification model of the corresponding system. The research methodology is based on the use of dialectical and systemic methods. Methods of formal logic (analysis, synthesis, induction, deduction, abstraction, etc.) were used in the development of the regulatory framework and scientific sources. Hermeneutic and formal legal methods were used to clarify the internal content of certain norms of criminal procedural legislation. The terminological analysis method was used to define the concept of court procedural actions, and the classification method was used to systematize them. The goal was determined taking into account the fact that the unambiguous definition of this, like any other scientific term, is an important theoretical task, the solution of which gives the researcher an understanding of exactly what object he is dealing with in this or that case. Defining the meaning of the term "judicial action" first of all made it possible to answer the question of which of the actions provided for by law should be considered judicial. In accordance with this, the author substantiated the legality and proposed the criteria for the admissibility of conducting a personal examination in court and the court's demand from state authorities, local self-government bodies, enterprises, institutions and organizations, officials and individuals of things, documents, information necessary to verify the authenticity and admissibility of existing evidence. As a result of the conducted research, the author's definition of "Procedural actions of the court in criminal proceedings" was formulated and a classification model of this system was proposed, which includes: actual judicial actions, in particular of an investigative nature and other actions of a cognitive orientation, judicial actions; organizational (preparatory and supporting) actions of the court; other procedural actions of the court, related to the movement of the case and the procedure of the trial.