CONSTITUTIONALLY-LEGAL MAINTENANCES OF PRESUMPTION OF INNOCENCE

Abstract

A concept and maintenance of fundamental constitutional principle of presumption of innocence are investigational in this article. His location and role are determined in the field of criminal trial. It is marked that principle of presumption of innocence it envisaged in Constitution of Ukraine and in the Criminal judicial code of Ukraine legal guarantee that comes forward as a safety device of forming of premature accusatory position for the subjects of criminal procedure. Principle of presumption of innocence is examined, as one of base democratic principles of criminal procedure that has an independent value, and executes here the role of “nocifensor” from the illegal actions of public organs and public servants that conduct criminal procedure. As structural elements of presumption of innocence come forward : governed about impermissibility of proofs; governed about the duty of leading to of guilt; governed about the compensation of the material and moral harm inflicted by groundless conviction. It is marked that the proper realization of principle of presumption of innocence assists implementation of tasks of criminal trial, in the field of guard of rights for the participants of criminal procedure, and also providing of rapid, complete and investigation and judicial trial with that each, who accomplished criminal offence, was brought to the account to the extent of the guilt, the not a single guilty was accused or convict. Presumption of innocence provides a right for personality in relation to that a prosecution is set forth, on an independent and impartial court, as is one of elements of the fair judicial hearing.