Navrots'ka V. The Principle of the Dispositiveness and its Realization in the Criminal Procedure of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U004799

Applicant for

Specialization

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

19-11-2007

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The dissertation deals with the complex research of the principle of the dispositiveness and its role in the assertion of the rights and legitimate interests of the private persons who participate in criminal justice. The author's definition of dispositiveness is given and its correlation with the publicity and controversy is defined. The elements of the dispositiveness during the adjudication of civil claim in the criminal procedure are considered. The display of the dispositiveness during the criminal proceedings of the private and private-public accusation and the cases of public accusation is analyzed. It is stated that the statutory-legal acts in force do not make it possible in full measure to realize the individual rights in criminal justice. Sometimes they contradict the principles of the dispositiveness. The published legislative drafts also have some shortcomings. That is why the proposals of the introduction of changes and making amendments to the valid Criminal Procedural Code of Ukraine and some other statutory-legal acts are grounded in the dissertation.

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