Novak R. Criminal Proceedings on the Basis of Agreements in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005995

Applicant for

Specialization

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

02-11-2015

Specialized Academic Board

К 64.051.28

Essay

The object of the research is public relations between the parties of concluding reconciliation agreements and acceptance of guilt in criminal proceedings of Ukraine. Objective: to determine the specifics of realization and ways of improving the criminal proceedings on the basis of agreements in Ukraine. Methods: a set of philosophical, general scientific, specifically scientific, specially legal methods of scientific cognition, in particular such as logical and semantic, method of ascent from the abstract to the concrete, structural and logical, formal and legal, comparative and legal, sociological. Theoretical and practical results, scientific innovation, for the first time it is offered to divide features of the special procedure of domestic criminal proceedings into two groups: subjective and regulatory. Procedural and socio-psychological criteria of reconciliation agreement between the victim and suspect or accused in criminal proceedings are specified. The expediency of prosecutor’s approving the highest level of the draft of the agreement between the prosecutor and the suspect or accused on recognition of the guilt is grounded. The ways to simplify criminal procedural form are improved. Provisions for determining the nature of the institution of criminal proceedings based on the agreements, which are a manifestation of differentiation of criminal procedural form, have got further development. Practical significance: the results of the thesis can be used in the research sphere; in law-making activity; in the area of law enforcement (the act of introduction of the results of the thesis into practical activity of Pecherskyi District Court of Kyiv. Office No. 22-k dated from May 29, 2015). Scope of implementation: into educational process while writing textbooks, study guides and conducting classes in the disciplines “Criminal Procedure of Ukraine”, “Modern Problems of Criminal Procedure” (the act of introduction of the results of the thesis into educational process of Kharkiv National University of Internal Affairs dated from May 28, 2015).

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