COMPARATIVE-LEGAL CHARACTERISTICS OF THE PRESUMPTION OF INNOCENCE AND ENSURING PROOF OF GUILT IN THE LEGISLATION OF MODERN FOREIGN COUNTRIES

Abstract

The article examines the comparative legal characteristics of the presumption of innocence and the provision of proof of guilt in the legislation of modern foreign countries. One of the main conditions for building a rule of law in Ukraine is the reform of the criminal procedural legislation, taking into account the provisions establishing the content of the presumption of innocence and ensuring the proof of guilt in order to strengthen the protection of the fundamental rights and freedoms of all participants in criminal proceedings. Ukraine, taking into account the state of the European integration processes and the military situation of our country, must take into account and comply with all the requirements put forward to it by the European community, especially related to the rights and fundamental freedoms of a person and a citizen. First of all, these requirements concern the improvement of relations between law enforcement agencies and citizens in order to avoid violations of the rights and freedoms guaranteed and provided by the state. The opinion is argued that it is the insufficient number of thorough studies and clarifications devoted to the operation of the presumption of innocence in criminal proceedings that causes the absence of a clear concept in the criminal procedural science of Ukraine until now, which cannot but negatively affect the practical activities of investigators and courts bodies, in whose activities there is a need for a more complete implementation of this principle with a corresponding clear enshrining in domestic criminal procedural legislation. After all, the implementation of judicial proceedings in criminal proceedings, increasing its efficiency with the help of detailed regulation of the presumption of innocence and ensuring the proof of guilt will make it possible to positively influence the formation of professional qualities of law enforcement officers who are called to carry out criminal proceedings.