Yurchenko L. Theory and practice of conducting inquest by the organs of Internal Affairs of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0402U002334

Applicant for

Specialization

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

27-06-2002

Specialized Academic Board

Д.64.086.01

Essay

The work deals with the questions, connected with the conceptions, essence, the order of procedure of conducting of inquest. Taking into account the latest views, theoretical conceptions of criminal-procedural law, norms of Constitution, acting criminal- procedural legislation, departmantal normative acts, the peculiavities of functional appoinments of organs of inquest, legal status and also the legal aspects of their criminal-proceduural activity on reception, check up and solution of aplications and information about crimes commeted, conducting and finishing of inquest realization of protocol form of pre-trial preparation of materials were analyzed and searched. On the basis of this the conclusion is beind made that the organs of inquest are the bearers of two criminal-procedural functions: the main function is the investigatio of criminal cases in the form of inquest and additional is the assistance to the other subjects, conducting the procedure.The normative model of articles, which regulate theorder of conducting and finishing the inquest as primary form of pre-trial investigation and also procedural status of inquest, the chief of the organs of inquest and the person, who conducts the inquest is offered. It is also offered to re-name the protocol form of pre-trial preparation of materials in "accelerated" execution, and offenders to give the procedural status of a suspect. On the bases of Part 2, Article 86 of the Criminal Code of Ukraine the procedure of complete and partial discharge of the person from criminal responsiblity in accordance of the Act of amnesty was worked out. A few other proposals on perfection operative criminal-procedural legislation on some aspects of criminal-procedural of inquest's bodies.

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