Cherkova M. Changing an accusation in the Criminal Procedural Law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U004682

Applicant for

Specialization

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

07-11-2006

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

The dissertation is dedicated to the complex of theoretical and practical questions for perfection of the procedure of changing the accusation on the different stages of the criminal proceeding. In Chapter one, on the basis of the analysis of scientific literature, laws, the investigation practice and the judicial practice, was investigated the essential and the elements of the accusation, pointed the criterions for the enough bases to prosecute; and was definited the moment of the prosecution after the moment the pre-trial investigation was started. Also was researched the essential of the different kinds of changing the accusation; and proposed the system of the bases for changing the accusation based on the criterion of changing the volume of the accusation and its elements - maintance and the formula. In Chapter two were researched the bases and the procedure of every kind of changing the accusation. Also was argued against the simplified procedure of changing the accusation which is stipulates theexception of any element of the procedure; proposed the variant of the clear legislative regulation of the procedure of changing the accusation on the pre-trial investigation stage; and the new form of the decree for the prosecution. Chapter three is dedicated to the analysis of the legislative regulation of the bases for changing the accusation by the prosecutor and on the stage of preliminary hearing and in the trial. On the detailed research of the essential of every marked base was designed the economical and effective model of procedure of changing the accusation which is excepts the institute of the additional investigation; and there are corresponding propositions for the perfection of the Criminal Procedural Legislation were contributed.

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