The article is devoted to the problem of qualitative characteristic of Criminal procedural law (CPD). The perfection (high quality) of the criminal procedural law – is the basis of its stability that warns of its change in the future. Therefore it is very important to develop a concept of quality standards of legislation that would be taken as a basis by the legislator in the development and adoption of laws in the field of the of criminal proceedings. In the context of Eurointegration of Ukraine, the question of the doctrinal definition of standards (criteria) of the quality of the law is actualized by the need for awareness and perception of the existing jurisprudence of the European Court of Human Rights, which presents somewhat different approaches to understanding the quality of the law. All this requires a comprehensive study of the quality issues of the CPD from a new angle of view. The purpose of this article is to formulate the basic theoretical thesis concerning the definition of the category «quality of the CPD «, which will be the methodological basis for further scientific research and formulation of the standards of quality of modern tCPD in the context of the updated national legal doctrine taking into account European standards for the perception of the fundamental requirement of the rule of law. The author defines the category «the quality of the criminal procedural law « and formulates the main theoretical aspects that are the basis for standardization of the quality of criminal procedural law in the context of the updated national legal doctrine, taking into account the European standards of the rule of law. CPD as an object of a qualitative characteristic should be considered in a narrow and broad sense. In the narrow sense CPD is reduced to its normative definition (p.2 art.1 of the CPC). In broad sense, CPD should also include judge-made law – the national judicial practice of the highest judicial body and the EHRC decisions. The quality of the CPD is an appraisal category, which means a comparative degree of its potential ability to realize its functional purpose for the effective regulation of relations in the area of criminal proceedings, taking into account the achievements of developing standards for the provision of human rights and freedoms in this area. Such a degree of social value of the CPD law as a certain type of product in the field of lawmaking is determined by the combination of certain its properties, whereby it is able to meet the needs of members of society in a fair solution to a criminal conflict with the maximum protection of human rights and freedoms. An objective criterion for evaluating the quality of CPD is a certain system of standards – the normative and established practice of CPD requirements, which are required for consideration while creating a law

Author Name: ?lynska N

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Keywords: the quality; criminal procedural law; standards of quality of criminal procedural law, judicial practice

ISSN: 2413-5372

EISSN: 2415-3214

EOI/DOI:

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