CIRCUMSTANCES AFFECTING QUALITATIVE EXECUTION OF JUDICIAL POWER IN CRIMINAL LITIGATIONS

Abstract

Representing both judicial and executive powers, institutions and officials take part in criminal litigations. In particular, the courts of the three instances, when executing judicial power, decide on person’s guilt or guiltlessness in relevant criminal cases. In pre-trial proceedings, judicial power is manifested through ensuring control on human rights’ limitation. In its turn, investigating bodies, which represent judicial power, ensure criminal actions’ investigating and submitting. Finally, punitive institutions (like administrative authorities of penal institutions, State probation service, as well as sworn court bailiffs) take part at the stage of executing the criminal punishment in criminal litigation, thus providing with the support implementing judicial power in criminal proceeding. The objective of this article is to identify and research the circumstances affecting qualitative implementation of judicial power in criminal litigation, a special attention is paid to the circumstances, which have negative affect on criminal litigation. The mentioned objective, in the author’s opinion, is extremely significant in theory and in practice.