Oboronova I. Differentiation of criminal proceedings in the court of first instance

The work examines scientific positions on the essence of the differentiation of the procedural form (criminal proceedings), its expediency and importance for the effective implementation and fulfillment of the tasks of criminal justice. On the basis of the above analysis the author's definition of the concept of differentiation of criminal proceedings in the court of first instance is proposed. It means the method of procedural organization of proceedings in the court of first instance according to which taking into account a number of material, legal and procedural factors general and differentiated procedural orders of its implementation are established, as well as the possibility of a multi-stage consideration of the proceedings are provided on the merits, which is carried out with the aim of optimizing criminal procedural activities and the most effective performance of the tasks of criminal proceedings. It was established that the differentiation of criminal proceedings in the court of first instance is influenced by the following material legal criterias: 1) the nature of the committed act, the type and degree of gravity of the criminal offense; 2) the type and size of the criminal legal nature measure that can be applied for the commission of the relevant act. Procedural criterias have been identified that determine the differentiation of proceedings in the court of first instance, in particular: 1) the presence of special features (properties) of the person against whom court proceedings are being conducted; 2) recognition by the accused of guilt in committing a criminal offense; 3) availability of a compromise (agreement) reached between the parties regarding the resolution of criminal proceedings; 4) degree of correlation of private and public interests in criminal proceedings; 5) the absence of the accused in connection with the accused's evasion of criminal responsibility; 6) presence of the accused and victim's will to apply a differentiated procedure of court proceedings; 7) presence in the proceedings of information that constitutes a state secret. The regulation of proceedings on the basis of agreements in the states of the anglo-saxon and continental legal systems has been studied. Special features of judicial proceedings based on conciliation and plea agreements in Ukraine are singled out, in particular: 1) the dispositive nature of this judicial proceedings; 2) construction of proceedings on the basis of reaching a compromise between the parties of the agreement; 3) significant simplification of judicial proceedings; 4) a special controlling function of the court embodied in the procedural verification of all circumstances of the conclusion of agreements and granting the right to refuse their approval; 5) a specific consequence of approval of the agreement is the limitation of the right to appeal the verdict.