ЗАРУБІЖНИЙ ДОСВІД ЗАБЕЗПЕЧЕННЯ ПРОЦЕСУАЛЬНИХ ГАРАНТІЙ ПІД ЧАС КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ ТА МОЖЛИВОСТІ ЙОГО ВИКОРИСТАННЯ В УКРАЇНІ

Today, Ukrainian criminal procedural activity is in a state of final adaptation to changes in criminal procedural legislation. However, there are still unresolved issues, and some changes have not improved. In more developed countries, similar problems have been encountered before, and therefore certain solutions have been found. It is clear that not all foreign experience may be needed to improve Ukrainian legislation. It is also necessary to take into account that there is no perfect legislation, and therefore it is necessary to understand what is practical in the legislation, to identify aspects that should be explored and used.

This article is devoted to the analysis of foreign experience in providing procedural safeguards to protect the rights and legitimate interests of the individual in criminal proceedings and the search for ways of improving the legislation of Ukraine in this aspect. This article highlights the features of law in the USA, the United Kingdom, Italy, France and Germany. Also, this article presents recommendations for improvement of the Ukrainian legislation based on the experience of the countries listed above.

Thus, our study was conducted as part of the analysis of foreign experience in providing procedural guarantees for the protection of the rights and legitimate interests of the individual during criminal proceedings. It was found that each state focuses on the different guarantees of different participants in the relationship, but in general tries to fully ensure the observance of the rights of all participants in criminal proceedings.

Domestic legislation in the context of the 2012 Criminal Procedure Code was also analyzed. After that, the obtained data were compared and recommendations were made, which follow from this. There are gaps in Ukrainian legislation that can be partially overcome using foreign experience. It should be borne in mind that not all recommendations are a blind copy of foreign norms, some of them were formulated under the influence of reflections on foreign experience. However, there are still unexplored elements, which gives grounds for further research.