Martyntsiv A. Monetary penalty as a measure of ensuring of the criminal proceedings.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003803

Applicant for

Specialization

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

09-09-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is dedicated to the complex research of problems, related to the application of monetary penalty as a means of ensuring of the criminal proceedings and the formulation of scientifically based recommendations for improvement of criminal procedural legislation of Ukraine and practice of its application. The author disclosed the historical process of formation of the institute of monetary penalty, described its legal nature, whereby defined the concept of monetary penalty and its place in the system of measures to ensure of the criminal proceedings, considered foreign experience of imposition of monetary penalty in criminal proceedings. Given the approach of domestic and foreign scientists defined the concept and structure of criminal procedural violations as grounds for the imposition of monetary penalty and characterized the types of criminal procedural violations, the commission of which leads to the imposition of monetary penalty. Reveals the order of imposing monetary penalty in the pre-trial investigation and court proceedings and considered the order of abolition of the decision about the imposition of monetary penalty. By the results of the investigation the proposals to improve the criminal procedure law in the part that regulates the grounds and procedure for the use of monetary penalty as a means of ensuring of the criminal proceedings and the grounds and procedure for abolition of the decision about the imposition of monetary penalty.

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