Korobko Y. Procedural powers of the prosecutor in pre-trial proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002536

Applicant for

Specialization

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

31-05-2016

Specialized Academic Board

Д 26.730.01

Essay

The dissertation is a special complex research of theoretical and practical problems of implementation of prosecutor's procedural powers in pre-trial proceedings. The history of the judicial powers of the prosecutor in pre-trial proceedings is covered. Based on the study of scientific approaches to the concept of "procedural powers of the prosecutor", our own definition of this category was provided, their types were defined. Special aspects of the implementation of procedural powers of the Prosecutor at the initial stage of pre-trial investigation during the investigation (search) action on the stages of notice of suspicion and completion of pre-trial investigation were analyzed. The forms of exercising of powers of the Prosecutor on complaints during pre-trial preparation were defined, algorithm of prosecutor's preparation for judicial settlement of complaints in criminal proceedings was proposed. With regard to the recommendations set out in international legislation, the European Court of Human Rights and the positive experience of other countries we considered the prospects of improving the provisions of the pre-trial investigation in the context of the procedural powers of the prosecutor. Based on the results of the study proposals to improve the criminal procedural legislation in Ukraine were developed.

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