The principle of equality before the law and the courts in criminal proceedings: progressive and regressive factors of implementation

The subject of the study is equality of all before the law and the courts. The aim of the study is to identify and describe factors that promote and hinder the implementation of the principle of equality of all before the law and the court in criminal proceedings. The hypothesis of the research assumes that there are factors that influence the implementation of this principle.The identification of this factors will make it possible to develop measures that promote strengthening of progressive factors and reduction of regressive ones for effective implementation of the principle of equality of all before the law and court in criminal proceedings. The categorical-symbolic method “Hexagram” was used. As a result of the conducted study we have identified the main factors contributing to the development and implementation of equality of all before the law and justice; identified the main factors hindering implementation of this principle; developed a factor model of implementation of this principle, which comprehensively represents both groups of factors. Conclusions: the progressive factors contributing to the implementation of the principle are its social, legal and political importance. Regressive factors affecting the implementation of the principle are its high complexity, high discussion, high resource intensity. The obtained result can be used in the development of measures to improve the mechanism for the implementation of equality of all before the law and the court in criminal proceedings.