Kozachenko V. The Principle of Legality in the Criminal Process of the Federal Republic of Germany and Ukraine.

In the dissertation on the basis of the analysis of scientific works of domestic and German scientists, the comparative and legal study of the legislation of Ukraine and the Federal Republic of Germany and the practice of its application, the generalization of empirical data made a comprehensive study of the principle of legality and its implementation in the criminal process. The essence of the principle of legality in the criminal process of these states is revealed, the distinctions in understanding by German and Ukrainian scholars are outlined, the notion of the principle of legality in criminal proceedings is formulated, the essential elements of the principle of legality are generalized, described the distinction between the principle of legality in the context of criminal procedural activity under the criminal procedural legislation of the Federal Republic of Germany and Ukraine, the subjects of ensuring the principles of legality are described. On the basis of investigative and judicial practice, the proceedings order for the implementation of the principle of legality during the investigation of the circumstances of the criminal proceedings, the application of measures of security of criminal proceedings was investigated and analyzed. The reasons for violating the principle of legality in the criminal process of the Federal Republic of Germany and Ukraine are revealed. A number of scientifically substantiated proposals for improving the provisions of the CPC of Ukraine are formulated.