Shumeiko D. Theoretical, legal and practical basis for the implementation of special criminal proceedings in Ukraine.

The concept of research methodology is defined, its significance for knowledge of special criminal proceedings as a legal phenomenon is revealed. The list of research methods is given and their content is revealed. The analysis of scientific works and other thematic publications of domestic and foreign authors devoted to problems of normative regulation and practical realization of procedure in absentia is carried out. The place and significance of human rights in the implementation of special criminal proceedings, their consolidation at different levels of regulation, the problem of ensuring and implementing. Methods of normative regulation of criminal proceedings in absentia in the French Republic, the Italian Republic, the Kingdom of Belgium, the Federal Republic of Germany, the Republic of Austria, the Kingdom of Denmark, the Swiss Confederation, the Republic of Bulgaria, the Czech Republic, the Kingdom of Spain, the Republic of Spain, the Republic of Spain Republic and international documents. The decisions of the European Court of Human Rights, concerning the procedure in absentia and the practice of using these and other ECtHR judgments by national courts. Recommendations for the preparation of a request for international legal assistance are formulated, the peculiarities of extradition and international search for a suspect or accused are considered. It is noted that a special pre-trial investigation is carried out in the form of a pre-trial investigation according to the general rules of pre-trial investigation, taking into account the features defined by Chapter 24-1 of the Criminal Procedure Code of Ukraine. The concept of a request for a special pre-trial investigation is defined, its requirements to the content, the procedure for consideration by an investigating judge and the mechanism for making a decision are analyzed. The procedure for serving procedural documents is revealed. Peculiarities of special court proceedings are considered. A number of problematic issues of court decisions in special criminal proceedings and their appeal have been resolved. It is proved that court decisions in special criminal proceedings are subject to the same requirements as court decisions, which are issued in the general order, and their features are the need to establish and justify a number of requirements confirming the grounds for special criminal proceedings (special pre-trial). investigation and / or special court proceedings), which is reflected in their content. Law enforcement materials and other empirical data were used to substantiate scientific and practical conclusions and provisions in the work. In the context of the researched problems examples of investigative and judicial practice are given and analyzed.