CATEGORIES AND CONCEPTS OF JUDICIAL REALIZATION ARE IN THE CRIMINAL PROCESS OF UKRAINE

Abstract

In the articles analyzed scientific and legislative fittings to for category concept vehicle of judicial realization as part of criminal realization, after the Criminal code of practice of Ukraine. In fact, in criminal realization, in the process of acceptance of court decisions, concomitant activity of judge of understanding, category concept in a certain sphere plays a near-term role a vehicle. It is indicated into place of term in a category concept vehicle, certainly requirements to his rich in content filling. Thus, it is marked that question in relation to the association of terms in one criminal judicial norm, choice the legislator of criterion of such association is debatable. However, underline, that a penal judicial law must answer all set in a theory rules of forming of legal norm, arrangement of their aggregate and logical location. Conducted research of different points of view in relation to understanding of their maintenance and essence, allowed to establish, that categories, concepts, terms (terminology turns) come forward general facilities of objectification maintenance of criminal process and, as a result form the model of criminal judicial activity, in particular, and such subject as a judge. To criminal realization inherent general legal, hyphenated and of a particular branch concept. By virtue of the specific, predefined tasks and order of realization of the legal proceeding, separate hyphenated concepts (terms) have different maintenance. On the examples of separate criminal judicial categories and concepts the modern going is testifying near their fixing in a penal judicial law and understanding in the theory of criminal judicial law. It is found out, that during development scientifically legal cognition some legal terms are filled with new maintenance, but takes place and opposite transformation: separate concepts are changed by the legal terms. The author point of view in relation to legal categories and concepts of judicial realization in a criminal process, their classifications and author vision of improvement is expressed category concept to the vehicle of this part of criminal realization. Categories in a criminal judicial right are perceived an author as a result of cognition, generalization of experience of cognition and practice of judicial activity. It is taken to them: criminal judicial sphere, judicial form (with its differentiation), principles of criminal process, criminal judicial legal relationships, criminal judicial norms, criminal realization and his stages, subjects of criminal judicial activity (them judicially legal status), judicial functions, but other. In the context of attitude toward judicial realization, as parts of criminal process all legislatively certain terms are considered as: general, special, side related to judicial realization. It is marked that all certain terms in a that or other measure can touch judicial realization, depending on the circumstances of business and judge persuasion. It is indicated on inconsistency in understanding of terminology row «court-judge-investigator judge». And the new release of part of a 6 article 22 of the Criminal code of practice is offered. Regulate, that by the criterion of grouping within the limits of one kind of categories and concepts which are used in judicial realization, there can be a degree of generalized, meaningfulness, for a criminal judicial right on the whole, and judicial realization, in particular. In this connection, it is selected three levels of such classification.