The dissertation on the basis of theoretical achievements in the field of criminal justice and the judiciary, criminal and international and other branches of law, international legal norms, practices of the European Court of Human Rights, the legislation of Ukraine and foreign countries, studying the practice of their implementation, a comprehensive analysis of the problems of implementing the principles of transparency and openness during the cassation appeal of decisions of criminal proceedings.The author substantiates a number of new theoretical positions and conclusions that reveal the essential characteristics of the principles of transparency and openness, organizational, normative and procedural peculiarities of their implementation in the activity of the court of cassation at the provision of criminal justice, as well as the implementation of European standards of vowel and open criminal proceedings at the stage of cassation appeal judicial making decisions. The theoretical positions and practical recommendations aimed at development of the theory of criminal justice, improvement of the norms of the legislation on the judicial system and increase of efficiency of work of Ukrainian courts are formulated.
The state of scientific developments concerning the appointment and realization of the principles of vowel and open court proceedings in the pre-revolutionary, Soviet and modern periods of criminal proceedings is researched. It is formulated that the principles of transparency and openness are separate principles that have a common origin, but in the process of historical development, gradually separated into two independent principles with distinctive features. The author's opinion on the periodization of the formation and historical development of the principles of transparency and openness of criminal justice is substantiated.It is distinctive from what has been proposed earlier and helps to follow the changing approach to their perceptions of both the judiciary and civil society as a whole.
The correlations of the concepts of "publicity" and "openness", which are in an inextricable connection, are closely interrelated, complement each other, but are not identical. At the same time, their essential and informative characteristics, albeit in many ways, coincide, but are distinctive. Openness means the availability of criminal justice for all citizens, and publicity is not only accessibility, but also the opportunity for public discussion of the course and results of criminal proceedings, that is, the possibility of evaluating the activities of the court and law enforcement agencies, a way of forming a public opinion that should be taken into account in order to improve the work of the court itself and law enforcement agencies in particular.
The theoretical position according to which the implementation of the principles of publicity and openness of criminal proceedings in the cassation appeal of court decisions is directly related to the guarantee of the constitutional right of everyone to the public judicial protection, provided that the court file is properly registered with technical means in accordance with legally determined legal, organizational and procedural mechanisms.
