Grounds for acquittal in criminal proceedings under Ukrainian legislation in conditions of national and international tendences of amplification of legal state

Autores/as

Resumen

Despite the fact that studies of problematic issues of theory and practice of acquittal in the Ukrainian criminal proceedings has always been in the field of view of both domestic and foreign scholars, the study of respective issues has become particularly relevant upon adoption of the 2012 CPC of Ukraine.

Today, the scientific community ignores studying interinstitutional legal nature of grounds for acquittal in criminal proceedings, provided for in Art. 284 of the CPC of Ukraine and Art. 373 of the CPC of Ukraine. Therefore, the article analyzes the main features of distinguishing grounds for acquittal, provided for in Art. 284 of the CPC of Ukraine and Art. 373 of the CPC of Ukraine in terms of their interinstitutional legal nature.

As a result of the scientific research, it has been established that grounds for delivering judgment of acquittal provided for by the respective articles of the CPC of Ukraine should be distinguished not by content but by the method of their establishing in criminal proceedings (by mechanism of their finding by the court in criminal proceedings). It is argued that acquittal of a person may occur with application of criminal procedural rules of different and independent institutions of criminal procedural law - criminal proceeding closure and trial. Despite the fact that although the respective grounds for acquittal are identical in content, their legal nature and method of establishing in criminal proceeding differ and stem from two independent forms of criminal proceeding completion. These forms cannot be combined if the accused commits a single criminal offense. The article reveals that foreign criminal procedural doctrine generally distinguishes two types of acquittals delivered in criminal process, depending on the type of the judge’s doubt on the person’s guilt in committing a criminal offense.

The article uses the dialectical method of scientific cognition, as well as general scientific and special legal methods of cognition.

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Biografía del autor/a

Vasyl Nor, Ivan Franko National University of Lviv

Dr. Sc. (Law), Full Professor, Member (Academician) of the National Academy of Legal Sciences of Ukraine, Head of the Department of Criminal Procedure and Criminalistics, Ivan Franko National University of Lviv, Ukraine.

Marta Mazur, Ivan Franko National University of Lviv

PhD (Law), Docent, Assoc. Prof. of the Department of Criminal Procedure and Criminalistics, Ivan Franko National University of Lviv. Member of the Committee of Criminal Procedure Law of the Bar Council of the Lviv Region.

Khrystyna Slyusarchuk, Ivan Franko National University of Lviv

PhD (Law), Assoc. Prof. at the Department of Criminal Procedure and Criminalistics, Ivan Franko National University of Lviv, Ukraine. Deputy Chairman of the Committee of Criminal Procedure Law of the Bar Council of the Lviv Region.

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Publicado

2022-12-28

Cómo citar

Nor, V., Mazur, M. y Slyusarchuk, K. (2022) «Grounds for acquittal in criminal proceedings under Ukrainian legislation in conditions of national and international tendences of amplification of legal state», Cadernos de Dereito Actual, (19), pp. 186–199. Disponible en: https://cadernosdedereitoactual.es/ojs/index.php/cadernos/article/view/865 (Accedido: 30 enero 2023).