Chabanyuk V. The criminal-procedural offences in pre-trial investigation and the responsibility for their commitment

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U000890

Applicant for

Specialization

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

26-02-2009

Specialized Academic Board

Д 26.007.01

National Academy of Internal Affairs

Essay

The complex of theoretical and practical issues related to criminal-procedural offences is examined in the thesis; legal-investigative practice, normative base and literary sources are analyzed with the purpose to develop regulations of scientific theory of criminal-procedural offences and responsibility for their commitment. The author determines general theoretic of the concept "offence", "criminal-procedural offence", exposes their features, demonstrates the proper classifications. It was relieved, that criminal-procedural offence can be complex, in case when for its commitment approbations from the other branch are activated. The difference between investigating slips and criminal-procedural offences was demonstrated, the list of which is provided in the Codex of Criminal Law and Codex of Administrative Offences of Ukraine. Separately, criminal-procedural offences were examined which were accomplished on the stages of criminal case excitation and pre-trial investigation. Full list of the criminal-procedural facilities of a prosecutor court (judges), chief of an investigation department in cases of exposure, removal and warning of criminal-procedural offences was determined and scrutiny analyzed. The types of legal responsibility for criminal commitment of criminal-procedural offences were reviewed: criminal, civil, disciplinary, administrative; regulations as for improvement of mechanisms of realization of separate types of legal responsibility are provided. As a result of the conducted research the chain of changes and supplements to Codex of Criminal Law of Ukraine, Codex of Criminal-Procedural Law, Codex of Administrative Offences and the other legislative acts which aim to perfect domestic law practice are offered.

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