Herasymchuk O. The Dispositiveness and its Realization by the Victim in Criminal Procedure of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U005085

Applicant for

Specialization

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

17-11-2008

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The dissertation deals with the complex research on realization of the dispositiveness by the victim in the criminal procedure of Ukraine. The evolution of dispositiveness in the criminal procedure of Ukraine, connection between the exertions of this phenomenon and types (forms) of criminal procedure, development of scientific researches on this concept and its essence are analyzed. The dispositiveness analysis leads to the conclusion that its exertions correspond to the features of the criminal procedure principle. It is proved, that the provision about freedom of legal powers realization stands as an element of system creation. The same element forms the basis for criminal procedural activities of the victim. The statement about vertical and horizontal classification of the dispositiveness elements is made. The classification according to the subjects is proposed. The public and dispositive grounds of the procedural status acquisition by the victim are analyzed. The idea of implementing the norms concerning the victim's assignees in criminal procedure was developed. The proposals for the introduction of changes and making amendments to the valid Criminal Procedural Code of Ukraine for better realization of the victim's rights are grounded in the dissertation.

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