IMPLEMENTATION OF THE PRINCIPLE OF THE RIGHT TO DEFENSE AND THE PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEEDINGS

Abstract

The article indicates that, despite the legislative consolidation of the principle of the right to defense and the presumption of innocence in the current legislation of Ukraine, there is no clear position regarding the operation and application of these principles in the regulation of public, including criminal procedural relations, in particular, their essence, meaning and actions and application during the pre-trial investigation. Carrying out legal proceedings in criminal proceedings, increasing its efficiency through detailed regulation of the principle of the right to defense and the presumption of innocence, will positively influence the formation of the professional qualities of law enforcement officials called upon to carry out criminal proceedings. It is substantiated that the principle of the presumption of innocence is one of the fundamental principles of criminal procedure and the main element of the right to a fair trial. It serves as a guarantee of an increased level of protection against unfounded accusations and convictions. Requirements of the presumption of innocence about the undoubted proof of the accusation direct the law enforcement agencies to an objective, impartial establishment of all the circumstances of criminal proceedings, without which a reasoned and fair decision of the case by the court is impossible. Please note that the effectiveness of the defense in criminal proceedings is an indicator characterizing the ratio of the desired, predictable goal of such activity and the actual result obtained in the defense process. It is analyzed that the effect of the presumption of innocence and the provision of proof of guilt during the trial directly depends on the correct understanding and application of it by the judges administering justice. When conducting a trial, the court must proceed from the assumption of the innocence of the accused, which is justified by the presumption of innocence of the person and carry it out only in relation to the person who has been charged, within the limits of the charge itself in accordance with the indictment. It has been proven that the principle of the presumption of innocence applies to all participants without exception: the investigator, the prosecutor, and especially the judge. This principle is the rule of their behavior, according to which it is forbidden to treat the accused as a criminal until the moment when the judgment of conviction of the court comes into legal force, which is the only procedural document in which the question of the guilt of an individual is resolved. Attention is drawn to the fact that it is necessary to distinguish between two concepts - “the presumption of innocence” and “the principle of the presumption of innocence”, since the presumption is an assumption, and the principle is objectively inherent, unquestioning general rules (requirements) enshrined in the law and duties. public relations lingual for all participants On the basis of this, the principle of the presumption of innocence is a set of mandatory prescriptions that are normatively enshrined in legislation, which are established by the norms of criminal procedural legislation and are mandatory for all subjects of criminal procedural relations. Although the presumption of innocence has acquired a normative consolidation, however, it is a rebuttal assumption, the refutation of which leads to the loss of the meaning of a peremptory prescription.