Savytsky D. Process of substantiation in suits with protocol form of prejudicial materials preparation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U001428

Applicant for

Specialization

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

10-04-2003

Specialized Academic Board

Д 26.007.03

National Academy of Internal Affairs

Essay

Dissertation is dedicated to investigation of theoretical and practical problems, appearing while substantiating in suits with protocol form of prejudicial materials preparation. It is investigated the history of formation and development, juridical nature of protocol form, bases for differentiation of criminal procedure. Methods of gathering, check and evaluation of evidences and their procedural sources by inquiry body, prosecutor and the court and analysed in detail. It is investigated also drawbacks of this form concerning conditions of criminal suit and securing of rights of subjects of criminal-procedural activity and possible ways of their removal. It is grounded the necessity and expediency of existence in new criminal-procedural legislation of Ukraine a protocol form, improved with consideration of requirements of the constitution of Ukraine and international legal acts in the field of human rights on observance of rights of subjects of criminal-procedural activity. It is developed and introduced propositions as for improvement of protocol form into account requirements of observance of human rights in the field of criminal legal proceeding, namely, by way of determination of persons' rights, who are firstly attracted to the process of substantiation in prejudicial adoption in protocol form.

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