Problems of implementation of certain principles of the criminal process in the production of newly discovered circumstances

The paper attempts to reveal the essence of the legal proceedings to revise judgments on newly discovered evidence through the prism of the implementation at this stage some of the principles of criminal proceedings. Analyzed, especially in view of the legal position set out in the decisions of the Constitutional Court and the European Court of Human Rights, the various approaches to understanding the normative content of such principles as the rule of criminal law, rule of law, access to justice and be bound by judicial decisions, outlined their structure. A brief overview of some general theoretical issues of the right and the forms of its implementation in the production of newly discovered circumstances. Formulated scientifically sound conclusions and proposals for improvement of legal regulation and practice of application of the Criminal Procedure Code to regulate the production of newly discovered circumstances. For example, the author notes that the courts of first instance, appeal, appeal courts and the Supreme Court of Ukraine in the production of newly discovered evidence must observe, use, implement and apply the rules of criminal procedure legislation in the spirit of strict compliance with all the requirements of the rule of law and the practice of the European Court of Human Rights. The study allowed the author to formulate a definition of the principle of legality as enshrined in the law defining, fundamental provisions according to which the court, the parties and other participants in criminal proceedings are obliged to strictly observe, use, implement and apply the rules of criminal procedural law in criminal proceedings. In this context it should be noted that the court parties and other participants in criminal proceedings in the production of newly discovered circumstances shall strictly observe, use, implement and apply the provisions of the Constitution, the Criminal Procedure Code and international treaties agreed to be bound by the Verkhovna Rada of Ukraine and other criminal acts procedural legislation. The above analysis of the major doctrinal approaches to determine the content of access to justice and mandatory injunction and given the proper practice of the European Court of Human Rights suggests that access to justice and be bound by judicial decisions should be provided procedural mechanism and the organization of the court and the relevant authorities to include a number of components: level arrangement of the judicial system, procedural order of
the application for judicial review on newly discovered evidence, the organization of the courts of first instance, appeal, appeal courts and the Supreme Court of Ukraine regarding the acceptance of the application for judicial review on newly discovered evidence and the opening of criminal proceedings, judicial review of the appropriate authority Supreme Court of Ukraine, or request for review of the judgment on newly discovered evidence.