Herald of criminal justice最新文献

{"title":"History of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification","authors":"P. Zakharchenko","doi":"10.17721/2413-5372.2019.4/138-146","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/138-146","url":null,"abstract":"The approaches to the category \"History of Ukrainian Law\" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right.\u0000\u0000The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification\u0000\u0000It is alleged that for the first time the definition of \"history of Ukrainian Law\" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject \"History of Ukrainian Law\", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122159976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Concept and classification criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation","authors":"E.F. Iskеnderov","doi":"10.17721/2413-5372.2019.3/8-19","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/8-19","url":null,"abstract":"The criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation is one of the important condition for effective proof in the criminal proceed and ensuring the rights, liberties and personal legal interests in pre-trial investigation. The right determining that’s concept and allocation of scientific thought is essential for the future development of theory of criminal procedural proof and improvement the practice work party accused.\u0000\u0000In the article the author has an object to determine concept and formulate classification criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation.\u0000\u0000Based on the results of the analysis which are dedicated to the investigative (search) actions questions, provisions of the current legislation of Ukraine, results of practice employees survey, was researching concept of investigative (search) actions as a means of criminal procedural proof. Attention is drawn that the investigative (search) actions are conducted for the purpose of search, searching, finding, removing and fixing factual data and information about their sources for tacking evidences in criminal proceed or verification of evidence already received and searching people.\u0000\u0000It`s concluded that criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation is condition which regulated by criminal procedural legislation which ensure the application by the party assured in the pre-trial investigation measures, which consist of a set of searching, cognitive and indication receptions, which conducted by authorized criminal procedural law subject`s in the determining for each order for the purpose of searching finding, removing and fixing factual data and information about their sources for tacking evidences in criminal proceed or verification of evidence already received and searching people.\u0000\u0000In the article indication the author`s position about classification criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation which has not only science-methodology means but practice means for future develop the theoretical, legal and praxeology principles for realization criminal procedural guaranties of party accused as subject of proof.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127735311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation","authors":"O. Korotiuk","doi":"10.17721/2413-5372.2019.3/110-123","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/110-123","url":null,"abstract":"The article analyzes the criminal law of foreign countries, which reflect the main types of forms of encroachments on objects of copyright and related rights. It has been established that the criminal responsibility for the above-mentioned acts was foreseen in the most countries of the world.\u0000\u0000The purpose of the article is to investigate the issue of criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation.\u0000\u0000Extremely widespread forms of socially dangerous encroachments on copyright objects are \"appropriation of authorship\", \"plagiarism\" and \"coercion to co-authorship\". Offenses that encroach on copyright objects are usually placed in the sections \"Crimes against the constitutional rights and freedoms of man and citizen\", \"Crimes against property\", and in some cases are placed in a separate section \"Crimes against Intellectual Property». Analysis of the criminal legislation of foreign countries suggests that the typical forms of encroachments on objects of copyright and related rights include acts related to: a) the illegal entry into the circulation of objects of copyright and related rights contrary to the established legislation procedure. These types of encroachments are represented by the following wording of the criminal law of foreign law: the wording indicating the act of import or other movement of objects of copyright and related rights (for example, transportation, movement, import, export, etc.); wording indicating acts concerning the acquisition and storage of objects that could not be in circulation (in particular, acquisition, storage, conscious possession for the purpose of trade or inclusion in trade, illicitly created objects, goods, including if they were imported, receiving etc.); the wording indicating the acts related to the introduction of objects to commodity circulation or the commission of any actions for the purpose of further introduction into circulation, including acts concerning the putting into circulation of equipment for the illegal creation of copyright and related rights objects (for example, the use of objects without a check mark and in the absence of author's contracts; introduction into business turnover; introduction into circulation; change, removal from copies of objects of symbols and signs of protection of rights etc.); b) illegal production (creation) and / or illegal use of such objects. The following wording of the criminal law provisions refers to these attacks: the wording which denotes actions related to the illegal creation of the object of intellectual property rights, the introduction of certain changes to the object or information about the object, as well as acts of unlawful gain rights to the object (for example, attribution or coercion, plagiarism, reproduction, copying, forgery or imitation etc.); wording that denotes acts of unlawful use and distribution of objects (in particular, illegal use, illegal distribut","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127496897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Compliance with the principle of adversarial in disclosing the materials of covert investigative (detective) actions to the defense","authors":"O. Yanovska","doi":"10.17721/2413-5372.2019.3/81-89","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/81-89","url":null,"abstract":"The defense has the right to have information about all elements of the procedural order of receiving the prosecution evidence, in particular, about the materials of the covert investigative (detective) actions (further - CIDA), which the latter intends to use against it in court. However, this right of defense is violated quite often. In addition, these issues remain unresolved at both the legislative and jurisprudence levels.\u0000\u0000The purpose of the article is to address some of the problematic issues that arise during the disclosing the materials of CIDA to the defense at the pre-trial stage of criminal proceedings.\u0000\u0000The research made it possible to draw the following conclusions from an analysis of the case-law of the national courts and of the European Court of Human Rights:\u0000\u00001) if the prosecution timely fulfilled the requirements of Article 290 of the Criminal Procedure Code of Ukraine (further - CPC of Ukraine), took all necessary and dependent measures aimed at declassification of materials that became the basis for the CIDA, but such materials were not declassified For reasons that did not depend on the prosecutor's procedural activity, there were no violations of the requirements of the said CPC of Ukraine by the prosecution. In such a case, the court shall evaluate the evidence obtained for their propriety and admissibility, as well as in combination with other evidence in the case, in accordance with the requirements of Article 94 of the CPC of Ukraine;\u0000\u00002) if the prosecution on his own initiative and/or at the request of the party of defense did not take the necessary measures, which depend on it and aimed at declassification of the materials which became the basis for the CIDA, in that case there is a violation of the rules of Article 290 of the CPC of Ukraine the consequences provided for in paragraph 12 of this Article;\u0000\u00003) if in the course of criminal proceedings in court, the prosecutor's repeated request for declassification of procedural documents which became the basis for the CIDA was granted and they were at the disposal of the prosecution party, then these procedural documents as received by the prosecution party after the transfer cases before the court should be opened in accordance with part eleven of Article 290 of the CPC of Ukraine.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122039053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The role of operational and investigative activities in identifying, investigating and disclosing the unlawful benefit of service persons","authors":"I. Sukhachova","doi":"10.17721/2413-5372.2019.3/100-109","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/100-109","url":null,"abstract":"It is necessary that with the adoption of the CPC of Ukraine in 2012, which introduced the Institute of Secret Investigative (covert) actions and with the introduction of the amendments and additions to the law of Ukraine \"on operational-search activity\", significantly changed the relationship between Investigative activities and criminal proceedings. The current legislation, in contrast to the previous one, provides for the possibility of using the operational investigative materials only at the initial stage of the pre-trial investigation and only in some cases – on the future (at the search ad Suspect). At the same time, in practice, in some cases, the use of operational investigative materials for the initiation of pre-trial investigation was unjustified, which is one of the reasons for failure to detect, investigate and disclose the receipt of Undue benefit of official persons.\u0000\u0000The purpose of the article is reveals the role of operational and investigative activity in detection, investigation and disclosure of illegal benefit.\u0000\u0000The list of grounds for the HORDES and sources of obtaining relevant information is revealed. It is concluded that the assessment of material HORDES is to determine the degree of conformity (inconsistency) Act (events), information about which (Y) received and recorded in the materials of ORD, criminal legal norm, which sets the signs of illegal benefits. The assessment of the ORD's materials envisages establishing the legality of obtaining materials by the Operational division, adherence to the established procedure of registration, transfer of materials and suitability of their use (regarding affiliation, admissibility and reliability) in the Criminal proceedings. Such an estimation of the ORD materials, which are directly involved in the materials of pre-trial investigation, is of particular importance. Noted that the current criminal procedural law does not contain the notion of operational and investigative activities, but defines only the directions of their use, which complicates their use in criminal proceedings. In the current CPC of Ukraine, the legislator does not provide for the identification of reasons and grounds for initiating pre-trial investigation. Operational investigative materials to start pre-trial investigation can only be realized through such an excuse as an independent identification by an authorized person from any source of circumstances that may indicate the committed criminal (Part 1 of Article 214 of the CPC of Ukraine). It is concluded that, despite the fact that the Institute's role of Covert investigative investigative actions is constantly growing in criminal proceedings as one of the main means of obtaining evidence in criminal proceedings on the receipt of unlawful benefit by the service person. , however, the role of operational and investigative activities also continues to play an important role in identifying, investigating and disclosing the crime in the current CPC of Ukrai","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129430006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The concept of criminal procedural legal relations: definition of concept","authors":"V. Vinnychenko","doi":"10.17721/2413-5372.2019.3/185-196","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/185-196","url":null,"abstract":"The concept of criminal procedural legal relations in the context of modern globalism of criminal proceedings is considered in the article. Scientific approaches to definition of concept of legal relations, subject of criminal procedural law, method of criminal procedural law are investigated. The purpose of the article is to define the concept of criminal procedural legal relations under modern criminal proceedings. The author is investigated: Approaches to defining the concept of legal relations and Criminal procedural legal relations; Subject of criminal procedural law and method of criminal procedural law. During the research, a critical analysis of the mentioned scientific material is made and its own scientific approach to the definition of the criminal procedural legal relations is developed. During the copyright it is investigated a number of methods of scientific cognition, in particular, how: the method of scientific formalization; Axiomatic method; Hypoolytic-Deduktive method. The concept of the theory of Law on definition of notion and signs of legal relations was investigated, the analysis of these concepts was made and the concept of criminal procedural legal relations was chosen. The concept of criminal procedural legal relations provided by Ukrainian scientists and the critically-critical analysis of these concepts is investigated. It is given that existing approaches are not correct for modern legal reality and cannot be flexible in the face of progressive globalized development of the modern criminal procedural law. Scientific approaches to the subject of criminal procedural law as signs of criminal procedural legal relations are investigated. Scientific approaches to definition of criminal procedural law method as signs of criminal procedural legal relations are investigated. The analysis of the criminal procedural legislation and precedents of the European Court of Human Rights as a source of international public law is carried out. Generalized and scientifically deduction method output the concept of criminal procedural legal relations, which may be applied under the conditions of modern globalized criminal proceedings. The study has an interdisciplinary character. The author conducts research using the scientific base of Globalistics, Furturilogy, international relations.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125042919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The issue of determination of bail’s size under Ukrainian legislation and legislation of Anglo-American countries: comparatively – judicial analysis","authors":"M. Stefanchuk, N. Iveruk","doi":"10.17721/2413-5372.2019.4/58-68","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/58-68","url":null,"abstract":"The legal regulation of bail's institute as a preventive measure in Ukraine and Anglo - American countries, including the aim of its application, bail's size and criteria for its determination, is the subject matter of this article. The authors support a point concerning to the inadvisability of legislative regulation of maximum bail's size as well as a judge's opportunity in certain circumstances to apply bail, size of which is lower than minimum level.\u0000\u0000The purpose of article is to clarify strengths and weakness of legislative regulation of the bail in Ukraine, England and United States of America, to highlight a separate problems, arising in practice, to express recommendations and proposals regarding to the improvement of valid criminal procedural legislation of Ukraine.\u0000\u0000Analyzing provisions of criminal – procedural legislation of England and United States of America, the authors provide a few bail's classifications, depending on way of making a deposit.\u0000\u0000Besides it, the authors detect the drawbacks of legislative technique of Anglo – American countries regarding to not taking by judges into account material and family state of accused and suspected person, that leads to taking into custody a significant number of people, who are not financially secured to make a deposit.\u0000\u0000The decisions of the European Court on Human Rights as an international judicial institution regarding to determination of the bail's size, which will guarantee an enforcement of duties that a suspected person is obliged to do and will be defined taking into account a material state of a suspected person, are highlighted in this article.\u0000\u0000The authors also explore an issue of determination of bail's object and emphasizes on the necessity of clarifying of the money origin with the aim to avoid money laundering, which is offence, predicted by art.209 of Criminal Code of Ukraine.\u0000\u0000Investigating theoretical and practical aspects of the determination of bail's size, the authors make a conclusion regarding to the existence of certain difference in national legislation and legislation of Anglo – American countries, that is a result of belonging Ukraine to continental, and the USA and England – to Anglo – American countries. The authors state that prospective of further explorations of high stated issue are an improvement of legislation, implementation of world's experience, taking into account the legal positions of the European Court on Human Rights, etc.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117088486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Scientific opinion on declaring a person on the international wanted list","authors":"M. Pohoretskyi, O. Starenkyi","doi":"10.17721/2413-5372.2019.3/249-265","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/249-265","url":null,"abstract":"","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122016285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Institutions of the Judiciary in the Grand Duchy of Lithuania (XIV-XVI centuries): structure, classification, competence","authors":"P. Zakharchenko","doi":"10.17721/2413-5372.2019.3/151-163","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/151-163","url":null,"abstract":"The article deals with the classification of the judiciary in the Grand Duchy of Lithuania (hereinafter referred to as the GDL), which included most Ukrainian lands during that period.\u0000\u0000The purpose of the work is to identify institutes of justice that were active during the Middle Ages in the GDL, to study their structure, to classify and competence each of them.\u0000\u0000Following the majority of researchers in the history of national law, the author shares the view that the three stages of the evolution of the organization of justice in the specified period. The periodicisation is based on the well-known principle of court ownership, distinguishing state and non-state courts. Characterization of each of the judicial institutions is carried out. It noted that state courts were under the direct jurisdiction of the Grand Duke and his government officials, while non-state courts were not subordinate to government officials, but their decisions were found to be legitimate. Such courts have arranged both the Grand Duke of Lithuania (the master) and the general population, since the former sought to relieve the courts, and the latter sought opportunities to resolve the dispute on the spot, without long journeys and the pecuniary expense of keeping the letter and spirit of the law.\u0000The author pays the most attention to land courts created on the basis of customary Ukrainian law. They originated in the fourteenth century. from the tradition of the Russian faithful courts. It is considered by public courts operating throughout Ukraine's ethnic territory, mostly in rural areas. Cities and towns that were not in Magdeburg law were also included in the land area. Representatives of various sections and strata of Ukrainian society participated in his work, starting with the peasantry and ending with the nobles-government. Attention is drawn to the jurisdiction of land courts in criminal proceedings. It has been proven that property crimes - theft, robbery, robbery, arson - were distinguished from criminal cases considered by land courts. Qualified death penalty was practiced, first of all hanging, burning, quartering. Initially, all the inhabitants of the land district (suburbs) came under the jurisdiction of the land courts, but subsequently the nobility was granted the right to sue the commercial court.\u0000\u0000The findings of the paper stated that despite the variety of judicial institutions, the competence of each court was sufficiently clearly defined.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126352143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Functions of the Commercial Cassation Court in the Supreme Court in Ukraine","authors":"O. Ponomarova","doi":"10.17721/2413-5372.2019.4/123-129","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/123-129","url":null,"abstract":"During the judicial reform of 2016, the Law of Ukraine \"On Judicial System and Status of Judges\" was adopted from 02.06.2016 No. 1402-VIII, as well as amendments to the procedural legislation, which created the legal basis for the creation of a new Supreme Court as a whole and in its composition economic court, in particular.\u0000\u0000Established on the basis of the Supreme Economic Court of Ukraine, the Court of Cassation within the Supreme Court assumed the main functions of the court of cassation of economic jurisdiction and organizationally took the place of the structural unit of the Supreme Court, which operates within the unified system of interaction between the courts of cassation and the Supreme Court.\u0000\u0000As the cassation instance in the field of economic justice in accordance with the Law of Ukraine \" On Judicial System and Status of Judges \" of 02.06.2016 No. 1402-VIII has changed, in particular, it is currently acting in the form of the Court of Cassation within the Supreme Court, so the author has a need more detailed study of their functions, which is the purpose of the article.\u0000\u0000The author has made a thorough analysis of scientific approaches to understanding the essence of the concept of \"function\". In addition, the article deals with the classifications of the functions of the cassation instance ..., given by domestic scientists, and on their basis proposed its own classification of the functions of the Court of Cassation within the Supreme Court. In particular, the author substantiates the concept of dividing the functions of the Court of Cassation within the Supreme Court into two groups: main and derivative. The main function of the Court of Cassation in the Supreme Court, according to the author, is the function of justice, which is manifested through the functions of cassation and appeal review cases.\u0000\u0000In its turn, the author of the article refers to the following functions: 1) supervision of the activity of lower courts and control over the observance of the rules of law; 2) ensuring the unity of case law; 3) interpretation function; 4) explanatory function; 5) analysis and synthesis of case law.\u0000\u0000On the basis of a comprehensive analysis of theoretical developments in national science and a practical approach to the definition of functions, the author concluded that all functions of the Court of Cassation are closely related to each other, and they are inherently complex in the administration of justice.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130504318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}