Ohotina J. Justification as category of criminal judicial right for Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U003297

Applicant for

Specialization

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

16-05-2012

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

In the dissertation the criminal judicial category "justification" is researched and proved theoretical the questions connected with its use in criminal procedure of Ukraine. Genesis of scientific researches and position of the modern legal doctrine concerning studying of origin, formation and development of a legal category "justification" is analyzed; "justification", "justificatory circumstances", "verdict of justification" are formulated concept, "justification bases" and their ratio is specified. The legal regulation of the justification in the criminal procedure legislation of the separate foreign states and necessity, and as possibility имплементации its rates in the national legislation regarding this legal category is established. Bases of the justification of the person in criminal procedure of Ukraine are characterized, their efficiency in правоприменительной activity is revealed. Consequences of application of a certain basis of the justification are analyzed during the resolution of the verdict of not guilty for origin of the further legal relationship; the restoration mechanism in the rights of the defensible person and compensation to it of the caused damage is outlined; offers on specification of standard-legal regulation category "justification" in criminal procedure of Ukraine are made.

Files

Similar theses