Summary: 1. Instead of an Introduction. – 2. The Formation of the Criminal Procedure of Ukraine since its Independence. – 3. The Development of the Criminal Procedure of Ukraine after Ukraine’s Accession to the Council of Europe and the Adoption of the Constitution of Ukraine in 1996. – 4. The Development of the Criminal Procedure after the Adoption of the CrPC of Ukraine in 2012. – 4.1. Features of Legal Regulation of Criminal Procedural Activity in the Conditions of Anti- terrorist Operation. – 4.2. Introduction of Special Criminal Proceedings (in absentia). – 4.3. Improving the Legal Regulation of the Right to Liberty and Security of Person. – 4.4. Changes in the System of Bodies Conducting Criminal Proceedings for Corruption Crimes. – 5. Conclusions.
The main stages of the development of the criminal procedure are highlighted and analysed in detail, namely: the stage of its formation since Ukraine’s independence proclamation in 1990-1991; the stage of development of the criminal procedure after Ukraine’s accession to the Council of Europe and the adoption of the new Constitution of 1996; the stage of development of the criminal procedure after the adoption of the new Criminal Procedure Code (CrPC) of Ukraine in 2012. The novelties of the CrPC of 2012 are comprehensively analysed. Firstly, the Code incorporated the relevant key provisions of the Constitution of Ukraine and international legal acts on human rights and justice. Secondly, it settled a number of issues that were important for criminal proceedings but were either unregulated or partially regulated by other laws or regulations.
The article provides an analysis of the principle of access to justice enshrined in the CrPC of 2012, which provides for the right of participants in criminal proceedings who have a vested interest in the results of these proceedings (suspect, accused, victim), not only to obtain a fair trial but also to use broad procedural rights and to take an active part in criminal proceedings both during the pre-trial investigation and during the trial, contributing to the comprehensive, complete, and impartial establishment of the circumstances of the criminal proceedings and the adoption of a fair trial.
The author also touches on the amendments to the CrPC of 2012, which are related to the military aggression of the Russian Federation against Ukraine and the impossibility of pre-trial investigation and trial in the areas of the anti-terrorist operation, as well as those related to the implementation of the UN Convention against Corruption, aimed at strengthening the fight against corruption crimes.