TACTICS OF LITIGATION IN CRIMINAL PROCEEDINGS: THEORETICAL ASPECT

Abstract

The article is devoted to the theoretical study of the tactics of judicial review in criminal proceedings. Judicial review of criminal proceedings occupies an important place in the law enforcement system. It is the final act of assessing the state results of the investigation and punishment of criminals. Elimination and correction of errors, shortcomings and omissions of the pre-trial investigation is possible under the condition of highly professional judicial activity. The judge must effectively use the means and methods of criminology in the organization of the trial, the study of evidence. At the same time, the system of theoretical provisions and recommendations on the use of existing achievements of criminology during the trial remains incomplete, and given the recent radical changes in the criminal procedure legislation of Ukraine, there is an urgent need for relevant science-based practical recommendations. As a result of this situation, the issues of such forensic categories as the tactics of the trial, the methods of the trial, their relationship and place in forensics remain unresolved. From the position of the tasks of criminology, the structure of the tactics of the trial can be considered: its own trial tactics; the tactics of supporting state prosecution; a tactics of professional protection. The authors consider the genesis of judicial tactics as a forensic category. Based on the analysis of scientific positions, it is concluded that the tactics of judicial proceedings are cumulative, i.e. includes the tactics of prosecution, defence tactics and tactics of the court (judge), which, in fact, combines them. They are joined by the tactics of other participants in the process (victim, defendant). There was offered an adjusted definition of the concept of trial tactics in criminal proceedings as a logically consistent final part of forensic tactics, which is a system of scientific provisions and practical recommendations for selection and application both individual tactics of research evidence as well as most effective effects appropriate lines of conduct by the court and the parties of criminal proceedings in order to solve the problems of criminal justice successfully.