Judicial lawmaking in criminal procedure: expectation and reality

Introduction: the author considers the need to recognize judicial lawmaking by science and juridical rule making. The author analyses and studies in detail the principle of the separation of powers and the implementation of the principle by an executor of law nowadays as there are conflicts of law which require a prompt decision. Materials and Methods: the study is based on a method of materialistic dialectics. The question of judicial lawmaking is considered in conjunction with the number of other criminal procedural challenges: conflicts of law, the expeditious resolution of disputes, judicial legal positions. In addition, general scientific methods were used: historical, analysis, synthesis, etc., as well as specific scientific methods: comparative-legal; formal legal etc. Results: the author concludes that the court, by issuing judicial legal positions in its various decisions (rulings, determination, etc.), forms sources of criminal procedural law. Discussion and Conclusions: the author believes that judicial lawmaking as a necessary and last resort allows prompt resolution of conflicts of law in criminal proceedings.