Kasumova A. The individual's right to complaint in the criminal process.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U002541

Applicant for

Specialization

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

29-05-2014

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

Theoretical and practical issues of implementation and realization of the right to complaint in the criminal process of Ukraine have been discovered. An author's periodization of the main stages of formation and development of the complain institution in criminal proceedings have been suggested. The concept and essence of the right to complaint in the criminal process of Ukraine have been defined, the classification of claims in criminal proceedings have been made. The individual's right to complaint proposed to consider as the international legal, constitutional and criminal procedural guarantee of protection of the violated rights and person's legitimate interests. The essence of the right to complain have been identified. Systematic analysis of the individuals who have the right to complaint and the subjects whose obligation is to proceed and resolve the complain have been made. Peculiarities of the mechanism of the realization of individual's right to complaint during the pre-trial, trial and execution, as well as in the case of the complaining to the international judicial institutions after exhausting all national mechanisms have been exposed. Concrete proposals of the improvement of the Ukraine criminal procedure legislation based on the research have been represented.

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