КОРЕЛЯЦІЯ ЗАСАДИ РІВНОСТІ ПЕРЕД ЗАКОНОМ З ПРОЦЕСУАЛЬНИМИ ІМУНІТЕТАМИ ОКРЕМИХ УЧАСНИКІВ ПРОВАДЖЕННЯ

Abstract

The article is devoted to the analysis of the comparison of the principle of equality before the law and the court with procedural immunities during the criminal proceedings. The principle of equality of citizens before the law and the court is one of fundamental concept of Ukrainian legal system. Th e article deals with the detailed analysis of this principle, as well as the characteristic of the concept of “equality”. A comparative description of the concepts of “equality” and “immunity” were singled out. The basic signs of legal immunity were determined, and a brief excursion of the history of the emergence and functioning of immunity was provided. Th e urgent questions concerning their application, peculiarities of legislative regulation were considered. It was noted that legal immunity is a kind of exclusion (exception) from the general law, which provides for the specifics of the legal status of specific individuals. It analyzed the integrity of deputies, judges, diplomats, and also made a comparative analysis of their legal status with the legislation of other states, such as: Republic of Moldova, Republic of Poland, USA, Netherlands, India, Argentina, Belgium, France, Hungary, Bulgaria. Th e main disadvantages of this legal institute in these states were identifi ed, as well as the position of the scholars regarding the necessity of the inviolability of deputies, judges, diplomats. It is noted that it is necessary for our state to ensure that the functioning of “immunities” is carried out in the right direction and has little positive influence on social relations. The proposals of scholars concerning the expediency of the existence or abolition of such a legal institution as integrity are considered. It was ascertained which procedural legal content of immunity, in particular, the deputy, diplomats, judges, or whether it correlates (immunity) with the principle of equality before the law and the court in criminal proceedings The proposals have been on the use of international experience in the Institute immunity.