Bolshakov E. Тhe Statutory appeal of the decisions of judge, decreed in order of judicial control in the pre-trial stages of criminal procedure.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U001881

Applicant for

Specialization

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

13-03-2012

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

The dissertation is devoted to to research of theoretical and practical problems of statutory appeal of the decisions of judge, taken away in order of judicial control in the pre-trial stages of criminal procedure. Essence of statutory appeal is Investigational as to the major guarantee of defence of rights for citizens in a pre-trial production. Legal nature of decisions is certain judges that are the object of statutory appeal. The comparative analysis of statutory appeal of decisions of judge is conducted on the legislation of foreign countries. Plenary powers of subjects of criminal procedure, that is conferred the right statutory appeal, are Investigational, it is suggested to extend the circle of these subjects, giving the right of statutory appeal to the declarant and person in regard to that laid an action, advocate in regard to that a court is take away a decision about the removal of him from participating in business, investigator, in those cases, when a public prosecutor refused to appeal the decision of judge. In dissertation it is suggested to foresee in operating CPC classification and exhaustive list of decisions judges that can be appealed in the appellate order. The necessity of improvement of institute of statutory appeal of decisions of judge is reasonable in relation to the decisions of organs of investigation about excitation and stopping of criminal case, it is suggested to fasten in a law possibility of grant to the subjects of appeal of right on an acquaintance with all materials, given in a court by the organs of pre-trial investigation, on the basis of that made decision a judge for drafting of reasonable and motivated appeal.

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