Lazukova O. Special regime of pre-trial investigation within the conditions of martial law, emergency or in the area of anti-terrorist operation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001894

Applicant for

Specialization

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

21-06-2018

Specialized Academic Board

Д 64.086.01

Essay

The work is focused at studying the theoretical and action-oriented aspects of conducting pre-trial investigation within the conditions of martial law, emergency or in the area of the АТО. The author investigates the history of the development of criminal procedural legislation within the conditions of special legal regimes and the practice of its implementation. The scientific position concerning the characterization of the norms governing the pre-trial investigation within the conditions of a martial law, emergency or in the area of ATO as a new institution of criminal procedural law and the preconditions for their institutionalization were determined. The multidimensionality of the functional purpose of the above-mentioned institute was established. The general provisions of the special regime of pre-trial investigation in «extraordinary circumstances» were fixed and described. On the basis of the research made and taking into the account the law enforcement practice scientifically substantiated proposals were formulated for the improvement of criminal procedural legislation in the part of pre-trial investigation within the conditions of a martial law, emergency or in the area of ATO.

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