Berezhny O. Prejuciality of Court Findings in Criminal Cases

Dissertation is dedicated to theoretical and practical problems of applying prejudices in criminal legislature. The author deals with appearance and development of the prejudices institution, perfecting the definition of a prejudice, also the legal nature and sphere of prejudices institution have been defined along with the classification of prejudices. The thesis analyzes application of the prejudices in establishing circumstances that are to be proved in a criminal case, the ratio of criminal and procedural prejudices, law presumptions, court precedent, analogue of criminal and procedural law, along with the ratio of prejudices of a sentence in force and the principle of evaluation of evidence by inner beliefs of judges. The author investigates the meaning of a prejudice in returning criminal cases for further examination to a court of first instance, proposing a sentence, and appellate trial of criminal cases. The concrete proposals for improving prejudices institution and criminal and procedural legislation that regulates the process of proving in criminal cases have been formulated.