Melnyk A. Ensuring the rights of a detainee in criminal proceedings.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U000411

Applicant for

Specialization

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

28-01-2016

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

The author discusses the theoretical, legal and praxeological framework for the ensuring the rights of the detainee in criminal proceedings. The thesis explores the problematic issues of the criminal procedure order of detention and the detainee's rights under the Code of Criminal Procedure. It is investigated the genesis of the criminal procedure detention. Based on the comparative analysis of the sources of law and on scientific literature, author defines the essence of the criminal procedure detention. It is proposed the classification of types of detention according to the various criteria. Based on the analysis of the scientific sources, the author defines the concept of a mechanism of ensuring the rights of the detainee. It is formulated a system of the detainee's rights in criminal proceedings. As well, it is established the guarantees of ensuring the rights of the detainee to liberty and security of person. It is proposed the changes to the criminal procedure law in order to improve the mechanism for ensuring the rights of the detainee in criminal proceedings.

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