ПРАВОВЕ РЕГУЛЮВАННЯ МІЖНАРОДНОГО СПІВРОБІТНИЦТВА ПІД ЧАС КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

Abstract

Zavydnyak I. Legal regulation of international cooperation in the course of criminal proceedings. The article examines the foundations of legal regulation of international cooperation in the course of criminal
proceedings. Attention is focused on the fact that the scale of international cooperation is determined by the
needs of the implementation of the main tasks of criminal justice. In accordance with the requirements of the Criminal Procedure Code of Ukraine, in proceedings on crimes of a transnational nature without such cooperation it is impossible to ensure: collection of evidence located abroad; implementation of criminal
prosecution; protection of human and civil rights and freedoms in criminal proceedings; compensation
for damages, as well as possible confiscation of property. The listed criminal procedural functions are
implemented to one degree or another by the bodies of pre-trial investigation, the prosecutor’s office and the court in the course of pre-trial proceedings and court proceedings, that is, in the criminal process.
It is indicated that the norms of international treaties, criminalinternational cooperation in the
course of criminal proceedings, without which, in criminal cases of any category, the possibility of
sentencing is unlikely. It has been determined that the proper regulation in the national criminal procedural legislation of the rules of international cooperation in the investigation of crimes of any category presupposes, first of all, the need to determine the subject of legal regulation and, on this basis, its concept, without which it is impossible to establish boundaries both at the theoretical and applied levels, principles and procedure for such cooperation. It is indicated that the subject of legal regulation is a complex multidimensional category, the structure of which includes such elements as: a) subjects; b) behavior,
deeds and actions of subjects; c) objects of the environment, about which the subjects enter into relationships with each other; d) social facts (events, circumstances) – the reasons for the emergence or termination of relations. The author’s definition of international cooperation in criminal proceedings is given.
and criminal procedural legislation directly indicate the need for