Kryzhanovskiy V. Principle of Presumption of Innocence in Criminal Process (comparative legal research).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U002432

Applicant for

Specialization

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

21-05-2007

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

In the dissertation the concept, the legal nature and the essence of the principle of presumption of innocence are researched, the place and the role of it in the general system of Criminal process principles are defined and the mechanism of influence on other norms of Criminal process law is clarified, the characteristics of the situations which arise in realizations of this principle requirements in making decision in investigating and deciding criminal cases in Ukraine, the USA and Poland are given. The author analyses a correlation of the grounds for releasing a person from criminal liability with presumption of innocence; the necessity of applying the provisions of Miranda's rule and the Agreements on recognition of guilt in the Criminal process of Ukraine is clarified. On the basis of the carried out research theoretical conclusions of the investigated questions and practical offers directed to improvement of presumption of innocence principle realization in criminal process of Ukraine are formulated.

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