Features of Court Decisions Rendered in a Special Procedure of Judicial Proceedings

The purpose of the article is to identify the specifics of court decisions rendered in a special procedure of judicial proceedings. The methodological basis of the research is the universal dialectical method, which allowed us to study the subject of research in relation to other legal phenomena, as well as methods of analysis, synthesis and formal logic. The author concludes that the key feature of making court decisions in a special procedure for judicial proceedings is that the stage of establishing factual circumstances when sentencing in a special procedure for judicial proceedings consists of two parts: verification of factual circumstances and evidence established by the preliminary investigation authorities, and independent identification of circumstances of secondary importance. The compliance of the court’s conclusions with the factual circumstances of the case is verified by a multi-stage verification system, including: 1) the activities of the preliminary investigation bodies to establish the factual circumstances of the criminal case and their legal assessment; 2) verification by the prosecutor approving the indictment, indictment or indictment of the conclusions of the investigative bodies for the consistency of the established factual circumstances of the case and the conformity of legal qualifications to the established circumstances; 3) confirmation by the accused and his defense attorney of the correctness of establishing the factual circumstances of the case by agreeing with the charges brought and the qualifications given by the investigating authorities (the first time – when the accused, after consulting with the defense attorney, petitions for consideration of the criminal case in a special court procedure, the second time – when confirming at a court hearing the agreement with the charge and maintaining the petition for consideration of a criminal case in a special judicial procedure); 4) verification by the court at the stage of the appointment of the trial through familiarization with the materials of the criminal case of the consistency of the established factual circumstances of the case, the correctness of qualifications, the validity of the charge, its confirmation by the totality of evidence collec­ted in the case, each of which is evaluated in terms of relevance, admissibility, reliability.