ПРОЦЕСУАЛЬНА ПРАВОВА ПЛАТФОРМА УЧАСТІ ПРОКУРОРА В СУДІ АПЕЛЯЦІЙНОЇ ІНСТАНЦІЇ

Abstract

The article is devoted to the study of the activities of the staff of the prosecutor’s office of Ukraine during the review of court decisions in appeal proceedings. The requirements for processing an appeal and the timing of its filing are set. A worked out foreign experience that will help you to study this issue in more detail. The article deals with the problems of participation of employees of the prosecutor’s office in the proceedings of appellate courts. In addition, the foreign experience of England and Wales has been analyzed, in particular, the procedure for reviewing court decisions in an appeal procedure has been clarified. It has been analyzed and noted that the English justice system offers the world’s largest opportunities to review judgments. Th e current Ukrainian legislation does not regulate all the nuances that arise in practice when reviewing judgments. It is concluded that taking into account the importance of the role of the prosecutor in criminal proceedings, it is necessary to improve the national criminal-procedural law. Th e effi ciency of the implementation by the prosecutor of the powers in this area is ensured by the qualitative preparation of the appeal. To do this, it is necessary to comprehensively and systematically monitor the sentences and decisions made in similar criminal proceedings and the court decisions placed in the Unified State Register. The organs of the prosecutor’s office of Ukraine form an integral system. In this regard, the current Criminal Procedural Code of Ukraine and the Law of Ukraine “On the Prosecutor’s Office” define the principles and procedure for their activities. It should be noted that the appeals against decisions are guaranteed, fi rst of all, by the Constitution of Ukraine. The stage of appeal proceedings commences from the moment the appeal file is lodged with the court and ends with its consideration and the ruling of the court decision. This stage of the process is possible only in case of appeal of a court decision by at least one of the participants in the trial. The purpose of the appeal proceedings is to establish a court decision of the court of first instance, and in some cases to re-examine the criminal case in full or in part. That is why the participation of the prosecutor in proceedings for review of court decisions is important. The prosecutor as a public prosecutor protects and defends the rights and interests of the state. During the court of appeals, the prosecutor must be governed by applicable law. We believe that the limits of the prosecution are the actual circumstances of the case, which are subject to specifi c norms of the criminal law and established on the basis of evidence collected and investigated in the manner prescribed by law. The prosecutor’s proposal regarding the type and size of punishment is not covered by this concept.