Anufrieva O. Challenge in criminal process of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U005965

Applicant for

Specialization

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

24-10-2013

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The thesis deals with the complex scientific analysis of theoretical and practical aspects of challenge institute functioning. A scientific analysis of the doctrinal approaches of challenge institute in criminal process as well as its analyses, historical, methodological, comparativistical and gnoseological context based on national and international sources. A historical retrospective of challenge institute establishing and developing has been made. Through the prism of new Ukrainian criminal procedural code the analyses of challenge's grounds and procedure according to subjects that perform different functions in criminal proceeding: public individuals, participators which represents defense, and individuals that perform supporting function. The normative regulation and functional essentiality of challenge institute have been analyzed and some new testation have been proposed. In the context of future positive experience implementation of the challenge institute functioning practices in other foreign countries and jurisdictions have been identified. On the grounds of the received conclusions some recommendation norms in criminal process of legislature regulating the challenge institute in criminal proceeding have been forwarded.

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