THE RIGHT TO A PERSONAL PRESENCE IN THE CRIMINAL PROCEEDINGS

Abstract

This scientific article analyzes the right to the personal presence in criminal proceedings. Thepresentation of the main study substantiates the concept of “litigation”, “criminal proceedings”, “personal presence”.The author's proposal to define the concept of “person” in the context of the right to personal presence in criminalproceedings is submitted.It is proposed to divide the above right into two components: the right of the accused to be in the courtroomduring the criminal proceedings against him and the right of everyone to be in the courtroom during the hearing.Emphasis is placed on the fact that the conduct of court proceedings in the absence of the accused, except in casesprovided for in Part 3 of Art. 323 or Art. 381 of the CPC of Ukraine, is recognized as a significant violation of therequirements of criminal procedure law and grounds for revocation of a court decision on the example of one of theResolutions of the CCC/SC. It is noted that every citizen (a member of society) has the right to know what actionsand in what way are committed in court.The right to personal presence in criminal proceedings has been classified into three elements: personal presenceduring the trial in the court of the first instance, appellate and cassation instances.This article also examines the restrictions on the right to personal presence in criminal proceedings. AnalyzedPart 2 of Art. 27 of the CPC of Ukraine. It is determined that the grounds on which the investigating judge, the courtmay decide to conduct criminal proceedings in closed session throughout the proceedings or its separate part, areexhaustive. It is argued that the amendments to Part 2 of Art. 27 of the CPC of Ukraine: additions due to the spreadof coronavirus disease (COVID-19) are a violation of the right to open trial in criminal proceedings, given that theright to personal presence during criminal proceedings is a part of the right to the open trial.