HERMENEUTICS OF JUDGMENTS IN CRIMINAL PROCEEDINGS

Abstract

The article is an attempt to reveal the use of the hermeneutic method with an analysis of the provisions of the Criminal Procedure Code of Ukraine, in court decisions in criminal proceedings. It is determined that the act of justice and the act of judicial control, which are formally expressed in court decisions in criminal proceedings, are one of the main domestic law enforcement acts. They combine theory and practice, judgments about justice, and the formation of a situation of certainty during a conflict. In the context of the study, the judgment of the European Court of Human Rights in “Delcour v. Belgium” (application № 2689/65), the provisions of Part 4 of Art. 17, part 6 of Art. 368, part 1 of Art. 370, part 1 of Art. 380, item 3 of part 1 of Art. 413, part 1 of Art. 433, part 4 of Art. 434-1 of the Criminal Procedure Code of Ukraine were researched. Examining these normative sources and based on the analysis of scientific sources, it is established that the court’s internal conviction, which is based not only on a comprehensive, complete and impartial investigation of all circumstances of criminal proceedings, but also on personal life experience, competent view that understands the meaning of the case are able to ensure proper knowledge of the events and phenomena of criminal proceedings and reflect them in the court decision. The content of the court decision is the quintessence of information and knowledge that is formally reflected in it and developed on the basis of specific practical skills, and they are based on the rules of criminal procedure.