CURRENT MECHANISMS FOR ELIMINATING PROCEDURAL ERRORS IN COURT PROCEEDINGS: PROBLEMS AND SOLUTIONS

Abstract

This article analyzes the concept of procedural errors at the pre-trial stage and the problems associated with their consequences. Despite the fact that the timely elimination of errors made at the stage of pre-trial proceedings is of great importance, the procedural order for eliminating errors is not established by law. During the trial, the legality of procedural actions and decisions of previous stages of the process, all circumstances of the criminal case are re-examined and assessed with the participation of the parties. At the same time, at this stage, the court evaluates all facts based on the law, regardless of the opinion of the investigative bodies and the prosecutor on the case. Based on the fact that the problems of eliminating procedural errors in court proceedings are inherently related to the level of activity and competence of the court, the necessity of procedural mechanisms for eliminating investigative errors and the activities of the court in this direction were discussed. The types of investigative errors made were analyzed, and a conclusion was made about the need for special regulation of this issue by legislation. Also, at this stage, scientific-theoretical and practical recommendations were given in order to expand the possibilities of introducing effective procedural mechanisms for eliminating this mistake without returning the case to the prosecutor.