METHODOLOGY OF JUDICIAL PROCEEDINGS OF CRIMINAL PROCEEDINGS (THEORETICAL ASPECT)

Abstract

The article is devoted to the theoretical study of the methodology of judicial proceedings in criminal proceedings and is a logical continuation of the scientific research of the authors, which is outlined in the article “Tactics of judicial proceedings in criminal proceedings: theoretical aspect” [1]. The researchers considered the genesis of the judicial methodology as a forensic category. On the basis of the analysis of scientific positions, it was concluded that the method of judicial review is a system of theoretical provisions and practical recommendations regarding the organization and effective implementation of the review of certain types of criminal proceedings by the court. It is proved that the content of its concept is broader than the tactics of the trial. The main task of the forensic method of judicial review of criminal proceedings, as a part of scientific knowledge, is the development of scientifically based techniques and methods of investigating circumstances in the court in the context of the implementation of the principle of competition by its participants. The structure of the forensic methodology of the judicial review of criminal proceedings consists of two parts: a) general theoretical, in which the general provisions of the judicial review methodology are revealed; b) a separate method of judicial proceedings, the recommendations of which (including the above-mentioned structural elements) take into account the peculiarities of this or that crime. The sequence of judicial actions during a trial can be considered both as a category of trial methodology and as a tacticalforensic category. The goal of a judicial action or a complex of them may be the formation of the desired judicial situation, which is within the framework of the tactics of a judicial proceeding (and is implemented in the methodology of a judicial proceeding) because: a) it is the judicial situation that determines, first of all, the tactics of specific judicial actions; b) its evaluation is realized precisely in the tactical decision, which receives its external expression in the planning of the trial; c) an idea about the components of the judicial situation, about the factors that influence its formation, which are not related to the types or types of crimes and have a common meaning for all of them, which is characteristic of tactical categories.