Babich L. Bail as a kind of preventive measure in criminal proceedings of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U002950

Applicant for

Specialization

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

27-06-2014

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

In the dissertation proposed a comprehensive study of the functioning of the institute of the bail in criminal proceedings of Ukraine. It transpires genesis, nature and socio-legal value of the bail as a form of preventive measure. Regarded the correlation of the grounds for the application the specified kind of preventive measure with the grounds for the application of other kids of preventive measures, attention is accented on the features of use the analogy of rights and law, and the case-law of the ECHR. The limits of the procedural competence of the investigator, the role of departmental and judicial control over the application of the specified kind of preventive measure аre found out. We study the new procedural powers of the prosecutor during the initiation and application of preventive measure "bail" accordance with the CPC of Ukraine 2012. Analysis of investigative and judicial practices, materials of a statistics and results of a survey of the practical workers have allowed to substantiate a number of assumptions that are submitted on the public defence the author of dissertation and demonstrate novelty and relevance of research. Introduced a number of evidence-based proposals for improving of the current criminal procedural legislation of Ukraine, which will optimize procedural activities during the application of preventive measure "bail".

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