Competence – The Basic Institution of the Criminal Trial

In this article, we approach the essence of jurisdiction as one of the most important institutions that ensure the legality and good organization of the criminal trial contrary to some opinions held in the doctrine according to which it only presents simple technical rules for the organization of the criminal trial without special legal value. The legal nature of the jurisdiction was elucidated from the perspective of the load and content, signs, and forms of manifestation, as well as its importance for the validity of the criminal trial. We combat the existing position in the specialized literature according to which competence does not represent a basic institution of the criminal trial on which its legality depends, but only certain organizational and technical conditions that are to be excluded from the content of the Code of Criminal Procedure and included in the content procedural acts subordinated to the law.