REGARDING THE QUESTION OF DEFINING THE SUBJECT OF THE STATEMENT IN A CRIMINAL PROCEEDING

Abstract

The article is devoted to the investigation of the procedural legal capacity of the subjects of criminal proceedings on the basis of their separate subject matter. Attention is paid to the definition of functional parties and functional equivalents in the criminal process. It has been established that at the level of the functional subject of giving between the subjects of one functional party, not only the subject of giving, but also the authority is distributed across temporal boundaries. It was concluded that bodies united by the fulfillment of a single goal, the implementation of the same criminal procedural function, are divided according to the powers and the subject of the assignment. At the same time, the subject of knowledge is primary, since powers are already established in relation to it in view of what means it is appropriate to process this part of the subject of knowledge in order to achieve the set goal, namely: to transform the provided subject of knowledge into a final product and fulfill its criminal procedural function. It was determined that at the level of distribution of the functional subject of knowledge, procedural organization takes place by defining individual subjects of knowledge and powers within the scope of the implementation of one criminal procedural function. It is noted that this creates certain criminal procedural competences, which provides grounds for the introduction of specific state bodies – subjects of criminal justice, which perform the same criminal procedural function. It was concluded that in the context of the hierarchy of state bodies, it is possible to talk about the presumption of higher qualification of the subject at the highest level of the service hierarchy. Therefore, in the intra-departmental distribution of the subject of knowledge, the rule of ensuring greater responsibility of the state in the form of a more “responsible”, i.e. more qualified, subject also works. It was determined that the degree of severity of the criminal offense may be a factor in the intra-departmental distribution of the subject of the assignment between more qualified and less qualified subjects.