Osaulenko O. Realization of the principle of the presumption of innocence in the prejudicial investigation of the criminal trial

Theoretically and practically this thesis researchers the problems of the definition of the essence of the presumption of innocence and its place and role in the general system of the legal guaranties. It determines the methods of the improvement of the terms of the criminal procedural legislation which facilitate the realization of the principle of the presumption of innocence during the institution of criminal proceeding and prejudicial investigation of criminal cases. For the first time in the home criminal procedural doctrine the principle of the presumption of innocence has been determined as a legal phenomenon and it has been done the new definition of the principles of the criminal trial. The role of the principle of the presumption of innocence has been researched relatively to the function of the criminal prosecution and accusation. On the base of the analysis of the mechanism of the realization of the principle of the presumption of innocence in the prejudicial investigation of the criminal trial there have been formulated the proposals for increasing and improving the guaranties of its realization during the institution and investigation proceedings, the use of the preventive measures and the termination of the prejudicial investigation.