Pshenichko S. Powers of an investigating judge to review and resolve complaints in pre-trial proceedings.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U003128

Applicant for

Specialization

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

25-04-2014

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is the first comprehensive research that is devoted to the research of powers of an investigating judge to review and resolve complaints in pre-trial proceedings based on provisions of the Criminal Procedure Code of Ukraine of 2012. The concepts of “complaint” and “appeal”, subject matter and subjects of the appeal of actions, inactions and decisions of bodies of pre-judicial investigation and prosecutor in pre-trial proceedings are defined in the dissertation; the system of general provisions of the appeal and consideration of complaints in pre-trial proceedings is formulated. Concepts and signs, the functional characteristic of powers of an investigating judge on consideration and solution of complaints are defined, their place in the system of powers of an investigating judge is determined. The subject matter of proof is disclosed and the burden and duty of proof are characterized by consideration and the solution of complaints by an investigating judge. Stages of court consideration of complaints in pre-judicial litigation, and also the decision of an investigating judge are defined and characterized at receipt of complaints in pre-trial proceedings on consideration of complaints, decisions of an investigating judge, which are made during court hearings on consideration of complaints. Scientifically reasonable offers concerning improvement of criminal procedural legislation of Ukraine are made in the field of powers of an investigating judge concerning consideration and solution of complaints.

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