Danchenko T. Bail in the system of criminal proceedings preventive punishment in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U001056

Applicant for

Specialization

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

16-02-2007

Specialized Academic Board

Д 26.007.01

National Academy of Internal Affairs

Essay

Dissertation is devoted to the complex research of the bail application issues in the criminal procedure of Ukraine. The bail in the system of the preventive punishment and its application peculiarities on criminal procedure stages notions are discovered on the basis of the analysis of the national and foreign criminal procedure scientists achievements. The bail correlation as an institution of obligation law in the civic relations and a preventive punishment in criminal cases investigations is revealed. The regulations concerning the necessity of legislative fixing of the common rule, according to which only properly registered in legitimate order legal entities can act as pledgers are grounded. It is proposed to accept money in the national and foreign currency, state stock, precious metals subjects as well as art subjects and antiques as the subjects of bail (reservation of which is possible on the court deposit). The necessity of the legislative fixing of the bail movement to the state interests with its further selling to compensate the damages to a victim and court costs in the case of the suspected or accused person non-compliance with the regulations is grounded due to the experts questionnaires materials studying and summarizing. Some conclusions, practical applied proposals and recommendations to change and amend the article 154-1 of the Criminal Procedure Code of Ukraine "Bail" in order to improve its practical implementation have been formed on the basis of the research results.

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