International Legal Norms as a Source of Criminal Procedural Law
Abstract
According to a number of indicators, criminal procedural law is considered as an aspect of the exercise of rights and procedures for applying to various judicial instances. However, this position is true, provided that each aspect of the administration of justice is determined primarily by a set of certain knowledge and phenomena that determine the adequacy of the trial. The novelty of the study is determined by the fact that international sources of criminal procedural law are understood primarily not only as the process of investigation of the crime. The authors consider, as a possible application of the norms of international procedural law, such forms as provisions of the legislation on the development of the judicial system, the formation of an equal court and, accordingly, punishment in different legal systems in terms of structure and principles of implementation. The article shows the possibility of implementing general legal norms that form the modern criminal procedural law. The authors note that such an opportunity can be realized with the assistance of various states to the common tasks of developing the legal system. The practical application of the study is possible provided that the applicable rules in international law take precedence over national law, which in turn forms the practice of applying law in a broad form of implementation.
References
[2] Abramov, R.A., Mukhaev, R.T., and Sokolov, M.S. 2016. To a question about the criteria and parameters of the effectiveness of the government in democratic countries. Journal of Advanced Research in Law and Economics 7(6): 1248-1262.
[3] Babaian, S. 2018. The international criminal court: a criminal world court? In: The International Criminal Court – An International Criminal World Court? Jurisdiction and Cooperation Mechanisms of the Rome Statute and its Practical Implementation, 21-189. Springer International Publishing. DOI:10.1007/978-3-319-78015-3_4.
[4] Boas, G. 2001. Developments in the law of procedure and evidence at the international criminal tribunal for the former Yugoslavia and the international criminal court. Criminal Law Forum 12(2): 167-183. DOI: 10.1023/A:1013030905234.
[5] Bocheliuk, V.I. et al. 2019. Management of professional readaptation in terms of the modern Ukrainian society. Astra Salvensis 7: 539-552.
[6] Bottigliero, I. 2004. Victims’ redress in international criminal law: current mechanisms and future prospects. In: Redress for Victims of Crimes Under International Law, 193-247. Springer Netherlands. DOI: 10.1007/978-94-017-6027-0_6.
[7] Brito, W. 2009. International criminal procedure and the protection of the fundamental rights of the person. In: J.C. Oliveira and P. Cardinal (Eds.), One Country, Two Systems, Three Legal Orders – Perspectives of Evolution, 283-314. Springer Berlin Heidelberg.
[8] Cebulak, W. 1996. Morality in criminal law and criminal procedure: Principles, doctrines, and court cases. Journal of Police and Criminal Psychology 11(2): 34-37. DOI: 10.1007/BF02803706.
[9] Chen, W. 2006. The basic concepts of re-modifying the criminal procedure law. Frontiers of Law in China 1(2): 153-163. DOI:10.1007/s11463-006-0001-x.
[10] Dodonov, R., Aleksandrova, O., and Dodonova, V. 2019. Rusin history in the creative legacy of Vladimir Vernadsky. Rusin 56: 92-109.
[11] Eboe-Osuji, C. 2011. The plea of alibi in international criminal law as viewed through the prism of the common law. Criminal Law Forum 22(1): 35-102. DOI:10.1007/s10609-011-9131-7.
[12] Hollán, M. 2000. Globalisation and conceptualisation in the sphere of international criminal law. Acta JuridicaHungarica 41(3): 225-246. DOI:10.1023/A:1012477619869.
[13] International workshop on principles and procedures for a new transnational criminal law. 1991. Criminal Law Forum 3(1): 49-53. https://link.springer.com/article/10.1007%2FBF01095757.
[14] Karmaza, O.O., Stefanyshyn, N.M., Skhab-Buchynska, T.Y., and Koroied, S.O. 2018 Institute of dispute resolution by the participation of a judge in the court of Ukraine: Joint and different characteristics with the institute of mediation in Ukraine. Journal of Advanced Research in Law and Economics 9(5): 1653-1659.
[15] Khadzhyradieva, S., Hrechko, T., and Savkov, A. 2019. Behavioral insights in public policy: Ukrainian case. Public Policy and Administration 18(1): 85-99.
[16] Kostruba, A.V. 2018. Law enforcement as a form of realization of right: Phenomenological analysis experience (Civilized aspect). Revista de Derecho Civil 5(1): 177-190.
[17] Kostruba, A.V. 2019. The notion and attributes of right – terminating legal facts. Journal of Advanced Research in Law and Economics 10(1): 254-262.
[18] Kuczyńska, H. 2015. The procedure before international criminal tribunals. In: The Accusation Model Before the International Criminal Court: Study of Convergence of Criminal Justice Systems, 1-18. Springer International Publishing. DOI:10.1007/978-3-319-17626-0_1.
[19] Marchuk, I. 2014. The concept of crime in common law jurisdictions. In: The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis, 7-38. Springer Berlin Heidelberg. DOI: 10.1007/978-3-642-28246-1_2.
[20] Mather, P. 2005. Legal ease – a guide to criminal law, evidence, and procedure. Crime Prevention and Community Safety 7(2): 63. DOI:10.1057/palgrave.cpcs.8140219.
[21] Pitcher, K. 2018a. Assessment of the international criminal tribunals’ law and practice. In: Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings, 437-520. T.M.C. Asser Press. DOI:10.1007/978-94-6265-219-4_7.
[22] Pitcher, K. 2018b. Law and practice of the international criminal tribunals – general overview. In: Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings, 261-351. T.M.C. Asser Press. DOI:10.1007/978-94-6265-219-4_5.
[23] Plaskova, N.S. et al. 2017. Methodological support of organizations implementing innovative activities investment attractiveness estimation. Journal of Advanced Research in Law and Economics 8(8): 2533-2539.
[24] Polovchenko, K.A. 2019. Role of ombudsman in human rights protection in a contemporary state. Opcion 35(Special Issue 19): 637-665.
[25] Prodanova, N.A., et al. 2017. Formation of system of internal control and features its functioning in the innovative development of industrial enterprises. International Journal of Applied Business and Economic Research 15(13): 179-189.
[26] Prodanova, N.A., et al. 2019. Methodology for assessing control in the formation of financial statements of a consolidated business. International Journal of Recent Technology and Engineering 8(1): 2696-2702.
[27] Ruggeri, S. 2017a. Mutual interaction of systems of human rights protection and the development of a participatory understanding of criminal justice based on transcultural dialogue. In: Audi Alteram Partem in Criminal Proceedings: Towards a Participatory Understanding of Criminal Justice in Europe and Latin America, 531-618. Springer International Publishing. DOI:10.1007/978-3-319-54573-8_16.
[28] Ruggeri, S. 2017b. Principles and common requirements of a participatory model of criminal justice in international human rights law and EU law. In: Audi Alteram Partem in Criminal Proceedings: Towards a Participatory Understanding of Criminal Justice in Europe and Latin America, 461-509. Springer International Publishing. DOI:10.1007/978-3-319-54573-8_14.
[29] Ruggeri, S. 2019. Participatory rights in criminal proceedings. a comparative-law analysis from a human rights perspective. In: S. Quattrocolo and S. Ruggeri (Eds.), Personal Participation in Criminal Proceedings: A Comparative Study of Participatory Safeguards and in absentia Trials in Europe, 671-742. Springer International Publishing. DOI:10.1007/978-3-030-01186-4_21.
[30] Sakulyeva, T., and Kseniia, Z. 2019. The single window mechanism in the field of external sector of the economy. International Journal of Civil Engineering and Technology 10(2): 2205-2212.
[31] Skrypniuk, O.V. et al. 2019. Criteria and basic signs of the lawful protection of the person's interests from socially dangerous encroachment as a factor, which excludes criminality of an act: International experience. Journal of Legal, Ethical and Regulatory Issues 22(4): 1544-0044-22-4-398.
[32] Tacij, V.J., Tjutjugin, V.I., and Grodeckij, J.V. 2014. Conceptual model establish responsibility for offense in the legislation of Ukraine (draft). Criminology Journal of Baikal National University of Economics and Law 3: 166-183.
[33] Tatsyi, V. et al. 2010. Semantic network of knowledge in science of law. IASTED International Conference on Automation, Control, and Information Technology – Information and Communication Technology, ACIT-ICT 2010, 15-18 June, Novosibirsk, Russian Federation, 218-222.
[34] Toleubai, A.M., and Kizdarbekova, A.S. 2018. The concept of commercial legal entities in Kazakhstan and foreign legislation. Journal of Advanced Research in Law and Economics 9(7): 2437-2446.
[35] Voronina, T.V. et al. 2018. Peculiarities of the process of digitalization of economies in the Eurasian Economic Union states. European Research Studies Journal 21: 1021-1033.
[36] Vriend, K. 2016. Diversions and shortcuts in the law of international criminal procedure. InAvoiding a Full Criminal Trial: Fair Trial Rights, Diversions and Shortcuts in Dutch and International Criminal Proceedings, 115-212. T.M.C. Asser Press. DOI:10.1007/978-94-6265-153-1_4.
[37] Weigend, T. 2018. A comprehensive view of international criminal law and procedure. Criminal Law Forum 29(3): 475-491. DOI:10.1007/s10609-018-9348-9.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.