Forms of Implementation of the Judiciary in Criminal Proceeding in the Context of the Procedural Status of the Courtas a Participant in Criminal Proceeding

Abstract

The article examines the procedural status of the court as a participant of criminal proceedings taking into account the specifics of its legal position and the functions to be implemented. The legal status of the court in criminal proceedings by the absence of public or personal interest in the outcome of the criminal case, which not only predetermines the adversarial form of the proceedings, but also guarantees the independence of the judicial authorities in the exercise of justice. The author concludes that the concept of «court» is collective, since on the one hand it is a state institution entering the judicial system, on the other hand - the judge is the bearer of power, considering the criminal case on the merits and decisions provided by law.The judicial system has a sign of instancionnosti, due to its internal hierarchical structure. The existence of judicial bodies predetermines the movement of criminal proceedings, is a structural mechanism for the implementation of the function of internal judicial control and supervision, and also protects the rights and legitimate interests of participants in the criminal Legal proceedings and other interested persons. The powers of the court are considered from the standpoint of the functional criterion, namely: the resolution of the criminal case on the merits; monitoring of the activities of the preliminary investigation bodies; consideration of complaints on actions (inaction) and decisions of officials, conducting proceedings in a criminal case; response to violations of the rights and freedoms of citizens, the principle of legality, established circumstances, which contributed to the commission of a crime by making a private determination or decision, in the course of criminal proceedings.