Tsyganyuk Y. The civil claim in the criminal process of Ukraine and continental legal system countries: the comparative legal research.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U000900

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

In Ukraine the thesis is the first attempt to do the complex comparative legal research of a civil claim both in Ukrainian criminal process and in one in continental legal system countries on examples of Italy, Germany, Poland, Russia, France. There proved the necessity of harmonization of criminal processing norms defining the means of assets rights of people suffered from a crime in Ukraine with analogical ones in continental legal system countries. Basing on the acting laws and using doctrinal works there formulated propositions as for defining legal nature of a civil claim in criminal process in Ukraine and countries of continental legal system, analyzed in details every its element, defined peculiarities of its subjective composition, characterized the implement on a civil claim in Ukrainian criminal process and one in countries of continental legal system. According to the results of the analysis there formulated the ways of deciding problem matters, composed the model of projects of norms for addition and improvement of the acting Ukrainian laws.

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