THE ESSENCE OF SPECIAL JUDICIAL PROCEEDINGS AS A MANIFESTATION OF THE DIFFERENTIATION OF CRIMINAL PROCEDURAL FORM

Abstract

The article deals with study of the essence of special judicial proceedings as a manifestation of the differentiation of the criminal procedural form. A definition of special judicial proceedings is formulated. It is determined that special judicial proceedings (in absentia) constitute a specific procedure conducted in the absence of the accused, who evades criminal liability, is declared internationally wanted, and whose rights are ensured through proper procedural guarantees. Based on the analysis of scientific sources, four approaches to understanding special judicial proceedings as a manifestation of the differentiation of the criminal procedural form are identified: 1. As an independent criminal procedure; 2. As a simplified form of criminal procedure; 3. As a complicated form of criminal procedure; 4. As a combination of simplified and complicated criminal procedural forms. It is concluded that the legislative establishment of criminal proceedings in the absence of the suspect or accused is a manifestation of the differentiation of the criminal procedural form, indicating the development of legislation towards the autonomy of certain forms of criminal proceedings and the establishment of specific procedures for their implementation. Criminal proceedings in the absence of the suspect or accused (in absentia), encompassing special pre-trial investigation and special judicial proceedings, occupy a unique “niche” in the national criminal process. It is, in our opinion, “at the intersection” of simplified and complicated criminal procedural forms. Although the legislator has not classified criminal proceedings in the absence of the suspect or accused, particularly special judicial proceedings, as one of the special procedures established in Section VI of the Criminal Procedure Code of Ukraine, this form of proceedings is indeed special. This type of proceeding is undoubtedly a distinct form of criminal procedure since its order of execution involves differences compared to the standard procedure.