Khyzhna O. Freedomfromself-disclosure and the right not to testify against closerelatives and family membersas a principle of criminal proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003790

Applicant for

Specialization

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

16-11-2018

Specialized Academic Board

Д 26.007.05

Essay

The dissertation is devoted to the study of the basis of freedom from self-disclosure and the right not to testify against close relatives and family members. The state of scientific researches, the current level of legal regulation, ensuring and realization of this basis of criminal production are disclosed. The evolution of the development and formation of freedom from self-disclosure and the right not to testify against close relatives and family members on the territory of Ukraine and in the legislation of foreign countries is researched. The structural elements of the content of the basis of freedom from self-disclosure and the right not to testify against close relatives and family members, which include: the existence of existing criminal procedural relations the subject of which is a person, can potentially use the investigated basis; the acquisition by that person of a certain procedural status in order to be able to avail himself of the rights granted to him; the challenge of a person to participate in an investigative or other procedural act; The work of a person in the rights granted him by law. The features of realization of freedom from self-disclosure and the right not to testify against close relatives and family members during investigation (investigation) actions during the pre-trial investigation, namely: interrogation, presentations for identification, investigative experiment, simultaneous interrogation of two and more interrogated persons, selection of samples for expert research. Features of realization of freedom from self-disclosure and the right not to testify against close relatives and family members during the trial, including preparatory court sessions, criminal proceedings on the basis of agreements, consideration of criminal proceedings by the court of the first and appellate instances.

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