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
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 ...