Leiba O. Defects of criminal procedural legislation and ways to overcome them.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001744

Applicant for

Specialization

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

25-05-2018

Specialized Academic Board

Д 64.086.01

Essay

The work is aimed at the study of theoretical and applied aspects of the issues of defects in criminal procedural law and ways to overcome them. The review of scientific works devoted to the legal phenomenon of defects of legislation was made and the lack of comprehensive sectoral developments on these issues was noted, which determines the doctrinal, practical and applied need for systematic consideration of this issue, which is intensified by the updating of the criminal procedural legislation of Ukraine. It is emphasized that the universal and mandatory feature of the legislation defect, which makes it possible to separate it from similar legal phenomena, is social harm, the negative manifestation of which affects lawenforcement practice. The author developed the definition of the concept of “defect of criminal procedural legislation”, the classification of defects, through which the criminal procedural legislation in force is analyzed. Existing defects of criminal procedural legislation were revealed and scientifically grounded proposals for overcoming them were formulated.

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