ESTABLISHMENT OF THE INSTITUTE FOR PROCEDURAL ACTIONS CONDUCTING AS ONE OF THE FORMS OF INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Abstract

The article examines the establishment of the institution of procedural actions as one of the forms of international cooperation in criminal proceedings. Attention was drawn to the fact that international cooperation in criminal proceedings, including the conduct of procedural actions, is a tool that can be used to overcome the barriers of sovereignty and allow the international community to properly respond to illegal actions that encroach on the goods protected by criminal law, despite the existing differences between legal systems. That is why, at a certain stage, the international legal regulation of international cooperation in criminal proceedings was intensified, in particular, the conduct of procedural actions, and the appearance of relevant norms regulating such relations in national legislation. It was established that the formation of international cooperation in criminal proceedings, including the implementation of procedural actions, and its legal support took place gradually. Initially, to achieve tasks in this area, Ukraine primarily used international legal norms. At a certain stage of the state’s development, the need for intrastate regulation of procedural actions as one of the forms of international cooperation in criminal proceedings became obvious. The impetus for this process was Ukraine’s 2011 ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, which was signed by Ukraine on November 8, 2001, which, at the same time, required updating domestic legislation. The need for domestic regulation of these relations was reflected in The Criminal Procedural Code of Ukraine. Norms regarding international legal assistance during procedural actions are codified in Chapter 43 of Section IX of the current The Criminal Procedural Code of Ukraine. Key words: international cooperation, international legal assistance, conducting procedural actions, procedural actions in the order of providing international legal assistance, criminal procedural legislation, international obligations.