LISIEUK A. Pre-trial proving within criminal proceeding against excisable goods illicit trafficking crimes

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002947

Applicant for

Specialization

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

28-08-2018

Specialized Academic Board

К 11.737.01

Essay

The thesis deals with procedural provisions for proving crimes in the field of illicit trafficking of excisable goods. Formulated author's notions of the subject of proof of crimes in the area of illegal circulation of excisable goods and procedural guidance of the prosecutor during the pre-trial investigation, as well as disclosed the content of sales and harm that may be incurred, as part of the proof of the criminal proceedings provided for in Art. 204 of the Criminal Code of Ukraine. After analyzing the diversity of investigative (search) actions, those who, when proving crimes in the sphere of illicit trafficking of excisable goods, become priority and obligatory, to the number of which the dissertation primarily includes a search (review) of places where illegal manufacture, storage is carried out or sales of such goods. In turn, attention is paid to the determining meaning of conducting an examination in this category of cases as a compulsory investigative (investigative) action. The procedural content of evidence, methods of their obtaining, conducting procedural, investigation (search) and secret investigators (investigatory) actions, procedural status of participants in criminal proceedings during pre-trial investigation of crimes in the field of illicit trafficking of excisable goods are revealed. Proposals on improving the current criminal procedural legislation of Ukraine have been developed.

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