Baulin O. Procedure independence and self-sufficiency of investigator and its guaranties

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0400U002092

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

14-06-2000

Specialized Academic Board

Д26.007.03

Essay

Об'єкт дослідження - idealized rules concerning the purpose, problems, areas of activity and authorities of the inspectors conditioning their independent position in the criminal trial, views on the legal warranties and gear of maintenance of remedial independence of the inspector, and also practice of implementation by the inspector of the remedial independence and independence during fact-finding crimes. Мета дослідження - mining of the scientifically reasonable rules and guidelines, the implementation which one would promote maintenance of remedial independence and independence of organs of a pre-trial consequent, reduction of their organizational construction and remedial activity in conformity with the Constitution of Ukraine and modern needs of company, increase of efficiency of pre-trial effecting on business about crimes. Методи дослідження та аппаратура - а) general scientific (concrete-scientific): system, logic-legal, rather-legal; b) part-scientific (psychological, logical, correlation, fu nctional and simulations); c) concrete-sociological (questionnaire and study analysis of criminal cases); d) statistical (observation, report, grouping, analysis of indexes). Теоретичні результати і новизна - the thesis is maiden in the Ukrainian criminal procedure science by complex monographic research of a problem of maintenance of remedial independence and independence of the inspector. In a thesis the rules are formulated, the set can be esteemed which one as a new perspective direction in the solution of actual problems of activity of organs of a pre-trial consequent. Практичні результати і новизна - the research differs by that it is conducted with allowance for of features of reforming of the criminal procedure legislation and administrative rearrangement of activity of organs of a pre-trial consequent. The given aspect of scientific activity has allowed to formulate the proposals on advancing criminal, criminal procedure and administrative legislation, advancing of investigator activity. The original positions, conclusions and proposals formulated in a thesis are directed to the chief of working group of a Cabinet of ministers of Ukraine on opening-up of the project of the new Code of Criminal Procedure of Ukraine and to Committee on legislative maintenance of law-enforcement activity of the supreme Body of Ukraine for usage at advancing the legislation. They are applied during realization of seminar and practical occupations under the criminal procedure in National academy of internal business of Ukraine and in other higher educational establishments. Сфера використання - legislative and educational processes, practical activity of organs of pre-trial fact-finding.

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