PECULIARITIES OF INSTITUTION OF RECUSALS (SELF-RECUSALS) IN CRIMINAL PROCEDURE

Abstract

In the scientific article the authors draw attention to the key features of the institution of recusals (self-recusals) in the criminal process. It should be emphasized that they lies in the fact that the current criminal procedural legislation does not quite clearly spell out the conceptual apparatus that concerns objections and the actual procedures for their implementation. Within the framework of this study, the author draws attention to investigative and judicial practice, which indicate the absence of an appropriate effective mechanism at the legislative level to regulate the recusal of investigators, prosecutors and judges and the legal consequences of its consideration by competent authorities. The lack of definition of the concept of recusal, legal regulation of the mechanism of other circumstances that raise doubts about the judge's impartiality is a consequence of the judge's arbitrariness and the adoption of unfair decisions during the pre-trial investigation and court proceedings. In addition, among the important achievements of the research, one should mention the attempt to characterize the components of the recusal statement, which the author proposes to enshrine in the legislative provisions.