Problems of Formation of Judicial Legal Positions in Criminal Proceedings

Judicial legal positions in criminal proceedings have repeatedly been the subject of scientific research in the doctrine, theoretical and practical aspects and forms of their implementation in the process of law enforcement have been analyzed. In the theory of criminal law, judicial legal positions are traditionally considered as the conclusions of the court regarding the problem under consideration, based on an objective comprehensive study of the materials of the criminal case, expressed in the final decision of the court of general jurisdiction. This article notes that the formation of judicial legal positions in criminal proceedings is significantly influenced by the legal positions of the highest judicial authorities, including international courts, as well as the rule of prejudice and the internal discretion of the judge. The article provides arguments justifying the need to consolidate the right of the court when forming a legal position on a specific criminal case not to take into account prejudicial facts, but to conduct an additional verification of circumstances that raise doubts about their reliability, established by a judicial act that has entered into legal force, along with other facts to be proved. The article formulates the conclusion that the formation of a judicial legal position in a particular criminal case is carried out on the basis of the law, the inner conviction of the judge, taking into account the actual circumstances of the case, using the legal positions formulated by the highest judicial instances.

legal positions, court of general jurisdiction, criminal proceedings, prejudice, judicial practice, law enforcement, ECtHR, Supreme Court, constitutional Court, criminal case