Kushneriov V. Reasonableness of terms as the general principle of criminal proceedings

On the basis of the research carried out an imperfection of a condition of doctrinal study of the problem in question has been established. Methodological grounds of the research of reasonable procedural terms in criminal proceedings have been defined. The historical preconditions and sources of procedural terms in the criminal proceedings of Ukraine have been considered. The foreign practice of procedural terms regulation has been generalized. It has been proved that procedural terms compliance is one of the criteria of the effectiveness of criminal proceedings. Procedural terms as legal facts entail the emergence, amendment or termination of procedural rights and obligations of participants of criminal proceedings. The expiration of criminal proceedings terms is also the ground for different legal consequences occurrence. Criminal procedural terms can be recognized as procedural guarantees of timely adoption of procedural decisions and investigative actions, as well as ensuring the rights and legitimate interests of participants of criminal proceedings. It has been argued that a reasonable period should be considered as an objectively justified period of time established on the basis of criminal procedural legislation, during which participants of criminal proceedings perform certain procedural actions or make certain procedural decisions aimed to achieve the objectives of criminal proceedings, as well as provisions for granting to prosecutor, suspect, accused and victim the right to appeal the violation of reasonable deadlines for consideration of the case to the court, the deadlines, the procedure for consideration of such claim by the court, as well as the types of decisions based on the claim.