Askerov S. Principle of Judges' Independence and Inviolability in Criminal Procedure of Ukraine and Azerbaijan (comparatively-legal research).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U000899

Applicant for

Specialization

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

04-03-2008

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

Legal matter, essence and maintenance of principle of independence and inviolability of judges in the criminal process of Ukraine and Azerbaijan are investigated in the dissertation. The analysis of becoming and development of principle of independence and inviolability of judges in the criminal process of Ukraine and Azerbaijan is conducted in the dissertation. The Constitution, legislation of Ukraine and Azerbaijan, international legal acts about independence and inviolability of judges, the problems of the modern state and ways of subsequent legal settlement of principle of independence and inviolability of judges are explored in criminal process. Correlation of principle of independence and inviolability of judges is analyzed together with other principles of criminal process of Ukraine and Azerbaijan. In dissertation the comparatively-legal analysis of national legislation of Ukraine and Azerbaijan is conducted in view of independence and inviolability of judges, level of providing and system of guarantee of independence of judges, accordance of legislation of these states by their international legal obligation. Certain necessity of improvement of legislation of Ukraine and Azerbaijan in relation to submitting judges to legal responsibility (disciplinary and criminal). Suggestions are made to the legislators of Ukraine and Azerbaijan about bringing the legal basis of independence and inviolability of judges in accordance with the international commitments.

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