Mykhailenko V. Implementation of the principle of the Rule of law in criminal proceeding

The thesis is one of the first in Ukraine, a special comprehensive study of the problem of the implementation of the Rule of law in the criminal process. The paper describes the historical aspects of the development of the principle of the Rule of law in criminal proceedings and international legal standards for its regulation. The legal content of the rule of law as a principle of criminal proceedings is disclosed and its concept is formulated. The place of the Rule of law in the system of principles of the criminal proceedings and the ratio of the Rule of law and the Rule of law (positivist) are determined. Taking into account the norms of the Criminal Procedure Code of Ukraine and the practice of the ECHR, the procedure for implementing the principle of the Rule of law in the application of measures to ensure criminal proceedings in general and preventive measures in particular has been investigated. The conditions for the implementation of the principle of the Rule of law during investigative (investigative) actions are defined. Disclosed the procedure for the implementation of the Rule of law when making procedural decisions about the end of the pretrial investigation. The rules for applying the principle of the Rule of law when deciding on the admissibility of evidence are described. The procedure for implementing the principle of the Rule of law during the trial and sentencing is determined.