Buhaichuk A. Law as a source of criminal procedural law in Ukraine

The dissertation is a monographic study, which comprehensively, taking into account modern methods of knowledge, achievements of domestic and foreign legal science, as well as the current legislation of Ukraine, foreign countries, reveals the concept and characteristics of law as a source of criminal procedural law. The paper analyzes the state of scientific development of the source base of domestic criminal procedural legislation and determines that this area of research does not differ in complex developments. The study of scientific works testifies to the absence of modernized complex monographic works devoted to the law as a source of criminal procedural law; sectoral influence on the criminal procedural legislation of other criminal procedural categories and concepts (legal relations, structure and system of the process, subject and method of legal regulation) and ambiguity of operation of some terminological system; the presence of an interdisciplinary nature of a significant number of concepts, categories and institutions in the field of sources of law; election as an object of study of international treaties, court precedents, the effect of criminal procedure law, defects in criminal procedure law and gaps in criminal procedure law, the evolution of criminal procedure law, the conceptual apparatus of criminal procedure law, the analogy of criminal procedure law and other related categories and phenomena - before the update of the Criminal Procedure Code of Ukraine (2012). Recognition of the criminal procedural law as the only source of the criminal procedural law seems to the author false, despite the content of the term «criminal procedural legislation». Systematic and hierarchy of criminal procedural legislation determine the place of law among the sources of criminal procedural law.