Kurylenko D. The Concept of versed persons in adversary criminal proceeding

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U002448

Applicant for

Specialization

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

30-05-2020

Specialized Academic Board

К 64.051.30

V.N. Karazin Kharkiv National University

Essay

Object of the study: public relations arising in the process of criminal proceedings between the parties, the court and attracted by knowledgeable persons. Objective: the definition of the conceptual framework and the development of scientifically sound practical recommendations on the use of assistance of knowledgeable people in adversarial criminal proceedings, the improvement of the procedural regulation of their involvement by the parties and the court. Methods: general and special methods of cognition, in particular: a dialectical, historical and legal, formal-logical, systematic and structural, legal analysis, sociological, comparative legal. Theoretical and practical results, scientific novelty: A list of all knowledgeable persons involved in criminal proceedings is given, and a classification is developed; The content and evidentiary significance of the conclusions of the suspect, accused, victim, witness, data on the basis of special knowledge are disclosed, and ways of establishing their reliability are proposed; It is determined that the teacher or psychologist in procedural actions solves the procedural tasks for obtaining reliable evidence; Tactical tasks in conducting procedural actions; Special tasks for the protection of mental health of a minor or a minor; Substantiated the need to supplement the CCP and the laws of Ukraine; Improved: the notion of an informed person; Criteria for attracting an interpreter in criminal proceedings; Functions of a specialist; Have been further developed: the process of establishing the institution of knowledgeable persons; Organization of procedural actions with minors and minors. Practical significance: The results obtained can be used in the research area to further develop provisions on the institution of knowledgeable persons in adversarial criminal proceedings; in the field of lawmaking for further improvement, the current criminal procedural legislation of Ukraine. Scope of application: in the teaching and methodical work for studying the academic disciplines "Criminal Process" and "Modern problems of the criminal process," individual applied legal subjects, as well as in the preparation of textbooks, teaching aids and other educational literature on these disciplines.

Files

Similar theses