CRIMINAL PROCEEDINGS: ISSUES OF THE CONCEPTING-CATEGORIAL APPARATUS

Abstract

The article analyzes the changes in the conceptual and categorical apparatus of the sciences of the criminal-legal block in connection with the updating of the criminal and criminal procedural legislation of Ukraine. Reforming of criminal and criminal procedural legislation in Ukraine, normative introduction of new terms has created a certain cognitive dissonance in the system of concepts and categories, which negatively affects both law enforcement activities and research of legal phenomena. It is noted that the normative introduction of new categories into circulation without proper theoretical justification generates a number of contradictions in solving many problems of criminal proceedings. The necessity of bringing the concepts and categories of the branch and applied sciences of the criminal-legal block to a systematic nature is stated, which is the key to making correct procedural and tactical decisions in the course of criminal proceedings. The conclusion is formulated that the conceptual-categorical apparatus acquires the qualities of systematic and consistency only when the process of forming concepts and categories consistently goes through all the stages – from theoretical hypotheses (sentences) to their practical testing and legalization. The development of the conceptual and categorical apparatus of the sciences of the criminal law block (its system and consistency) is an important tool of cognitive activity in research and in the practical activities of criminal proceedings. As experience shows, it is inevitable to avoid gaps and contradictions in legislation and scientific concepts, which put, in particular, pretrial investigation bodies, in a dead end and cause dubious decisions in the conditions of adversarial process. The stated position, of course, concerns certain problematic concepts and categories, does not claim the status of absolute truth and recognition and is an invitation to further analysis of this issue.