Criminal Procedural Form as a Socio-legal Value

Criminal Procedure Law provides for the procedure (the order, form) of the proceedings in criminal cases: a sequence of stages and circumstances of the case transition from one stage to another, as well as conditions that characterize a particular stage of proceedings, bases, conditions and procedure of the investigative and judicial actions, content and shape solutions that can be adopted. This order of proceedings in whole or in certain proceedings is called procedural form. Procedural form is one of the major categories of the criminal procedural science. It is predetermined by the essence of the criminal justice system and its principles. The timely and proper use of criminal law to persons, which have committed a crime, is provided by the proper
order of proceedings in criminal matters, as well as provided by the criminal procedural law and couched in legal forms that are designed to promote the truth and enforce the rights and legitimate interests of all participants. The issues, relating to the procedural form, are traditionally under the discussion. This is because the study of various aspects of the order of criminal proceedings is connected in some way with the research of the procedural form and its differentiation, due to the importance and
fundamental nature of these concepts for the procedural science. Multidimensional signifi cance of the criminal procedural form makes the issue of the scientifi c analysis and delineation of form and formalism in the criminal process as the essentially opposite effects very relevant. The criminal procedural form a necessary legal instrument of the solving of the criminal procedural objectives, enshrined in Art. 2 of the CPC of Ukraine. The value of the procedural form as a social value lies in the fact that it provides the investigative and prosecutorial unity and litigation, which in turn creates the necessary conditions for the implementation of the principles of equality before the law and the court. The need for the signing out of the meaning of the procedural form as a social value, which, above all, is a manifestation of the social demand for criminal proceedings and is conducted in a manner, aimed at solving its problems, is addressed towards the protection of rights and interests of its members and the interests of society and the state. The social value of the criminal procedural form lies in the fact that it is provided by the current legislation of Ukraine; it is the result of its harmonization with European standards in the protection of human rights in criminal proceedings, their implementation in the internal legal mechanisms.