Kavun D. Criminal Procedural mechanism of ensuring the rights of the victim (a natural person) in the pre-trial investigation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U001465

Applicant for

Specialization

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

01-03-2020

Specialized Academic Board

К 64.051.30

V.N. Karazin Kharkiv National University

Essay

The object of research: social relations observed in in the pre-trial investigation in connection with the provision of the rights and legitimate interests of the victim (an individual person). Objective: To determine the nature and purpose of the criminal procedural mechanism for the rights and legitimate interests of the victim (a natural person) in the pre-trial investigation and uncover all its legal, structural and functional aspects. Methods: The basis of the study is the dialectical method of cognition, in accordance with which the problems considered in the thesis are presented in the form of the unity of their content and legal form. The methods: logical-semantic, system analysis, logical-legal, system-structural, functional, comparative legal, sociological. Theoretical and practical results of the scientific novelty: the author's definition of the concept of a criminal procedural mechanism for ensuring the rights and legitimate interests of the victim (an individual) in pre-trial investigation, as well as its structure, purpose and functioning procedure is disclosed; the features ensuring the rights and legitimate interests of the victim (a natural person), each link right to security (human rights) mechanism; improved scientific statements about the need to rethink the place and role of a victim of a criminal offense in criminal proceedings and inclusion in the current Code of Criminal Procedure a new presumption of innocence and the priority rights of the victim (a natural person); further developed the scientific and practical proposals to extend the list of procedural decisions that may be taken by the investigator and prosecutor with the obligatory account of the position of the victim (a natural person). Practical meaning: the most significant results of the thesis can be used: in legislative activity by making changes to the draft legislation governing the procedural status of victim (a natural person) in criminal proceedings; in law enforcement activities - to improve the practice of the bodies of pre-trial investigation, the prosecutor's office, the court, as well as the bar in resolving issues related to ensuring the rights and legitimate interests of the victim (natural person) in criminal proceedings. Scope of use: in educational and methodical work during the teaching of the criminal proceedings and special training courses, training manuals, textbooks and teaching materials, and training prosecutors, investigators, judges and lawyers.

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