Struts O. Legality and grounding of investigatory actions performance as guarantee of rights and liberties of the criminal procedure participants

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U005825

Applicant for

Specialization

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

18-12-2009

Specialized Academic Board

Д 26.007.05

National Academy of Internal Affairs

Essay

The thesis work has been devoted to solution of problems of lawful and grounding performance of investigatory actions from a perspective of rights and liberties of a person in a criminal legal procedure. It has been proved that conditions to realize all system of procedural guarantees of personal rights and liberties are created only in the case of rigorous fulfillment of requirements of law. The structure of legal and de facto grounds to perform investigatory actions, which in case of accumulation guarantee justification of investigatory actions performance, has been examined in details. Mechanism of judicial defense performance of constitutional rights and liberties of participants of criminal procedure during performance of investigatory actions has been discovered with specific reference from proceeding of detection of crimes. Function of legality control by the public prosecutor and internal control with the purpose to guarantee lawful and justified performance of investigatory actions has been analyzed.

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