The work is devoted to the investigation of the fixation of court proceedings as a criminal procedural guarantee, which should ensure the observance of the rights and legitimate interests of the participants in criminal proceedings during the stage of court proceedings.
The work summarizes and derives the concept of recording court proceedings using the method of scientific deduction, which can be used for the needs of modern criminal justice.
The functional purpose of recording court proceedings has been studied, its general and special functions have been determined.
On the basis of the conducted analysis, it was established that there are two independent types of recording of court proceedings - "official" and "unofficial", and their role in ensuring compliance with the rights and legitimate interests of each person during the course of court proceedings is determined.
Through the analysis of the constituent elements of criminal procedural legal relations regarding the recording of court proceedings, an own scientific approach to determining its content has been developed, the specific features of each element of the composition of criminal procedural relations regarding the recording of court proceedings have been noted.
Forms of recording court proceedings are also of scientific and practical interest, a thorough analysis of which is carried out in the work.
The paper substantiates the expediency of introducing a new form of "official" recording of court proceedings into the criminal process of Ukraine, namely stenography.
The author formulated for the first time the rules for recording court proceedings, subject to compliance with which the functions of recording court proceedings can be implemented.
The work contains the conclusions obtained as a result of the study of the relationship between the recording of court proceedings and such fundamental guarantees as the publicity of the court proceedings, the right to a fair trial and a fair trial, the reasonableness of the terms of the court proceedings, independence and impartiality of the court.
The point of view is argued that the recording of court proceedings is a necessary condition for ensuring the proper legal procedure of the entire court proceedings, as it provides an opportunity to objectively establish compliance with the procedural algorithm of other procedures that take place during its implementation.
Attention is drawn to the fact that in relation to the publicity of court proceedings, the role of recording court proceedings depends on its type - "official" or "unofficial".
If "unofficial recording" can act as a legal mechanism fixed at the legislative level, with the help of which, in particular, the publicity of a specific court proceeding can be ensured, then the role of "official recording" cannot be limited only by defining it as a constituent element of publicity.
"Official recording" of court proceedings is a guarantee of compliance with legality in a specific criminal proceeding, observance and protection of the rights and legitimate interests of its participants, guarantee of other principles of criminal proceedings, in particular, provision of the accused's right to defense, competition of parties and freedom in presenting their evidence to the court and in proving before the court their persuasiveness, immediacy of the study of testimony, things and documents, etc.
The "unofficial" recording is characterized by the function of public control, which ensures the openness of court proceedings both for persons who are not participants in a particular court proceeding and for society as a whole. "Unofficial" recording of court proceedings, although it is not an independent basis of criminal proceedings, but the establishment of this right by law is a reflection of such general principles of criminal proceedings as publicity and openness (in the context of national criminal procedural legislation) and publicity (in the context of precedent practice of the European Court on human rights).
Particular attention is paid to the issue of recording court proceedings when determining the composition of the court in a specific criminal proceeding. Such attention is due to the author's position that the full recording of court proceedings begins from the moment of registration of the case or material in the court office and ends with the announcement of the full text of the court decision of the last instance authorized to review it, and directly affects compliance with the requirements of the Convention on the Protection of Human Rights and fundamental freedoms to have the case heard by a "court established by law".
The procedural legal norms regulating the procedure for the judicial review of criminal offenses were analyzed, it was concluded that in this case the participants in the court proceedings are actually deprived of the right to challenge (self-recusal), which can cause violations of
