Vynokurov O. Suspect rights protection during detention and application of preventive measures in the form of taking into custody

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U000376

Applicant for

Specialization

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

31-01-2019

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

This thesis is devoted to systematic and detailed legal analysis of core functions of defense attorney during criminal procedural detention and taking into custody at pre-trial stage. Subject, purpose, parties and subject matter during the detention and taking into custody are analyzed in this work. Legal precedents of the European Court of Human Rights on the right’s protection during the detention and taking into custody are analyzed. The place and the role of the detention within the system of measures of criminal procedural coercion, the essence of detention as the most stringent preventive measure in the criminal proceedings of Ukraine was determined at the beginning of this thesis research. The peculiarities and the core functions of defense attorney in the criminal proceedings of Ukraine during the detention, determination, extension and change of preventive measure in the form of taking into custody are clarified. The procedural aspects and problems of challenging the detention and taking into custody in the criminal proceedings of Ukraine are described. The procedural aspects and problems of challenging by the defense attorney the conditions of holding a suspect in custody are highlighted.

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