Shaputʹko S. The powers of an examining magistrate regarding judicial control in criminal proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002730

Applicant for

Specialization

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

26-06-2018

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

This Thesis is the first research into theoretical and practical principles of an examining magistrate's exercise of their powers with respect to judicial control in criminal proceedings to appear in Ukraine. In this work, the author explores problematic aspects of exercise of powers arising for a magistrate judge when handling complaints against a decision, action, or inaction of an investigator or prosecutor during the pre-trial investigation, when handling applications for permission to carry out investigative (search) activities and covert investigative (search) activities restricting constitutional rights and freedoms of citizens, and when handling applications for permission to take measures providing for criminal proceedings and suggests the author's view of ways to address them. She formulates a theoretical position regarding the specifics of exercise of rights and duties during protection of human rights and coercive extraction of biological samples for examination. She analyses the legal nature of the power to grant permission for exceptional inspections and revisions in criminal proceedings. She classifies powers of an examining magistrate with respect to judicial control in criminal proceedings.

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