Kolesnik G. Functional appointment of supervision and control in pre-trial investigation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002119

Applicant for

Specialization

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

09-02-2018

Specialized Academic Board

К 64.051.30

V.N.Karazin Kharkiv National University

Essay

Object of research: modern legal relations that arise in pre-trial investigation in connection with the implementation of criminal procedural functions of prosecutorial supervision, departmental and judicial control. Aim: to make a theoretical understanding of the place and role of supervisory and control functions in pre-trial investigation, to identify the main problems associated with their implementation, and to outline the directions of their further scientific and legislative improvement. Methods: general and special methods of cognition, in particular: dialectical, historical-legal, formal-logical, systemic-structural, legal analysis, sociological, comparative-legal. Theoretical and practical results, scientific novelty: author's definition of such criminal procedural concepts: "prosecutorial supervision in pre-trial investigation", "departmental control in pre-trial investigation", "judicial control in pre-trial investigation" and the relationship between them; the functional purpose of the supervisory and control bodies of pre-trial investigation as a mandatory part of this stage of criminal proceedings is determined; the functional aspects of these activities were analyzed, significant gaps were identified in their legal regulation and concrete proposals for further legislative improvement were developed; based on the results of the analysis of legislative novels, proposals were made for introducing amendments and additions to the current CPC of Ukraine in order to improve the procedural status of the investigating judge and to regulate the procedural procedure for conducting judicial and control proceedings; the need to establish an independent subsystem in the judicial system of Ukraine for the purpose of carrying out exclusively judicial control function with the mandatory formation in this subsystem of courts of the second instance has also been proved; Improved: understanding that prosecutorial supervision, departmental and judicial control in pre-trial investigation are specific types of criminal procedural activities aimed at ensuring a comprehensive, complete and impartial investigation of criminal offenses by investigators and the exclusion of any violations of the rights of individuals involved or allowed for criminal proceedings; scientific approaches regarding the necessity of mandatory consideration by the prosecutor and investigator in the application for the election of a suspect, accused of a preventive measure or its subsequent change or cancellation, and the investigating judge when resolving these issues in substance, the legal position of the victim of a criminal offense (victim) giving him the right to take an active part in the judicial review process; the recommendations of scientists concerning the need for further, more clear distribution of powers between the pre-trial investigation facilities that perform supervisory and control functions; the point of view of scientists about the need to supplement the tasks of criminal proceedings with the tasks related to the disclosure of criminal offenses and the priority of protecting the rights of victims of a criminal offense (the victim). Practical significance: the results obtained can be used in the research area during the further research development of supervisory and control activities in a perfect investigation; in the field of lawmaking to improve the normative regulation of prosecutorial supervision and departmental and judicial control activities in the pre-trial stage of criminal proceedings. The sphere of use: in teaching and methodical work for the teaching of disciplines "Criminal process" and "Modern problems of the criminal process", some applied academic disciplines of a legal nature, as well as in the preparation of textbooks, manuals and other educational literature on the specified disciplines.

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