ПРОБЛЕМИ НАДАННЯ НЕОБҐРУНТОВАНИХ ПЕРЕВАГ ПІД ЧАС ВИКОРИСТАННЯ ОСОБЛИВОГО ПОРЯДКУ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

Abstract

Derevyanko M. I. Problems of providing unjustified
advantages during the use of a special procedure for
criminal proceedings. – Article.
The article reveals the problems of ensuring the
rights and freedoms of a person in criminal proceedings
during the application of a special procedure for criminal
proceedings provided for in Chapter 37 of the Criminal
Procedure Code of Ukraine. The relevance of the
publication is due to the vulnerability of the legal status
of a person involved in the sphere of criminal proceedings,
as well as the variability of its scope, depending on certain
circumstances. The purpose of the publication was to
study the consequences of using a special procedure
for criminal proceedings, to determine whether it leads
to unjustified advantages of some subjects of criminal
proceedings over another, depending on the profession
and position held. The prerequisites for the formation of
this goal were modern problems that arise in ensuring
the rights and freedoms of individuals. The work was
carried out on the basis of the use of general scientific
and special methods of scientific knowledge. Among the
general scientific methods, in particular, the systemstructural
method and the method of functional analysis
were used, and among the special ones – formal-legal,
logical-procedural methods, the method of Comparative
Law. The main legislative norms that provide guarantees
for ensuring the proper performance of certain subjects
assigned socially useful functions, as well as a special
procedure for criminal proceedings applied to persons of
a certain profession, are analyzed. The article states that
the existence of additional guarantees in the Criminal
Procedure Code of Ukraine and their implementation
during pre-trial investigation indicate the existence of
grounds for discrimination against other persons, which
are not specified in Article 480 of the Criminal Procedure
Code of Ukraine. Chapter 37 of the Criminal Procedure
Code of Ukraine, as well as the provisions of the entire
code, require an anti-discrimination expert examination
in order to establish their compliance with the principle
of non-discrimination.