Ena I. Criminal procedural competence of the prosecutor of pre-judicial production.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U003592

Applicant for

Specialization

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

24-06-2014

Specialized Academic Board

K 26.122.01

Essay

The concept "competence" was approved in legal literature, and at the present stage finds application in the legislation of Ukraine. However, in jurisprudence there is no accurate definition of the concept "competence" which would include all its features, it leads to that scientists put various semantic values in this concept that leads to negative consequences in all spheres of life support of the state. The theory of criminal trial on became an exception as research of criminal procedural competence is limited to establishment of essence of powers, functions, the rights, duties of subjects of criminal trial though these concepts are only competence elements. Such situation caused of in-depth, comprehensive investigation of essence of a phenomenon of criminal procedural competence, and special value is research gets in the light of changes of the criminal procedural legislation of Ukraine. In article the concept of criminal procedural competence, feature of development of ideas of criminal procedural competence of the theory of criminal trial of Ukraine and as genesis of this concept of the legislation of Ukraine is analyzed is analyzed.

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