| Abstrakt: |
The aim of the article is to determine the correlation of international standards of interview a child in criminal proceedings and the Criminal Procedure Code of Ukraine (CPC of Ukraine), identifying ways to improve national legislation and law enforcement practice in the field of questioning a child in criminal proceedings based on analysis of international documents, national law and practice. The authors emphasize that the state, in order to ensure the right to a fair trial in criminal proceedings, must proceed from the principle of the best interests of the child and fulfill its positive obligations to create an appropriate legal procedure for children, including in order to avoid abuse by powerful subjects of their criminal powers. procedural powers. The subject of the study is the correlation of the standards of the child's interview with the norms of the CPC of Ukraine. Dialectical, formal-legal, comparative-legal, dogmatic, logical-normative methods were used for the research. The content of the main standards of questioning a child in criminal proceedings, their implementation in national legislation and practice, the shortcomings of national legislation in this area have been comprehensively studied. Proposals for changes and additions to the national legislation, directions of its development in this sphere are formulated. On the basis of the conducted research the ways of improvement of the national legislation and practice of its application for realization of standards of interrogation of the child are offered. In general, the authors concluded that the state, within the framework of fulfilling its positive obligations, should not only introduce a reliable legal basis for child interview standards, but also ensure their introduction in the form of a uniform and stable judicial practice. [ABSTRACT FROM AUTHOR] |
