Smokov S. The internal persuasion of the investigator and his role at the acceptance of procedural decisions.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0402U003721

Applicant for

Specialization

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

09-12-2002

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The theoretical and practical problems are considered in dissertation in complex. Also the dissertation research examines the ways of their decision, which are connected with the realization of internal persuasion of the investigator at the acceptance of procedural decisions. The essence, contents and meaning of persuasion of the investigator are revealed in the dissertation research. The role of law is opened at the estimation of the proofs and the acceptance of procedural decisions by the investigator. The fundamental role of the investigator is proved at the estimation of the proofs on criminal case. It is established that the procedural decisions are the form of the realization of internal persuasion of the investigator. In the scientific research the role of internal persuasion is examined as well as the procedural independence of the investigator at the acceptance of the major decisions, such as excitation of criminal case, detention of the suspected, choice of a compulsory measure of suppressionthe being under arrest, presentation of accusation, sign indictment and stopping of criminal case. Some offers were formulated to the current legislation. The main purpose of it is to promote the role of organs of pre-legal investigation, consolidation of procedural independence of the investigator.

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