Slivich I. Legal facts in Criminal Proceeding of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U002595

Applicant for

Specialization

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

12-05-2007

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

Updating of the legislation of criminal procedure requires in a due of theoretical substantiation of judicial-legal reform, revision and a deepening of knowledge of key categories of remedially-legal regulation to which concern norm is criminal-procedural right, mechanism of legal regulation, and also the legal facts which create an actual basis of criminal-procedural activity. Needs of legal practice and legislative process require an intelligent preconditions of movement of criminal procedural attitudes, dynamics of criminal-procedural activity. As a result of carried out dissertational research the author's decision of separate debatable questions which exist in the theory of the right and criminal process concerning definition of the legal facts, their attributes and functions is offered. From a package of questions which were not investigated or investigated insufficiently earlier, are drawn conclusions and offers concerning perfection of norms of the operating criminal-procedural legislation areformulated. For the first time was defined the concept of the legal facts of criminal process as stipulated by norms of criminal-procedural right (and for remedial structures – by norms of the substantive law) vital circumstances, with existence (positive) or absence (negative) of which connected of certain legal consequences communicates."

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