Ivanytskyi Y. Regularities of the advocate’s activity as a сomponent of the subject matter of criminalistics science

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U000425

Applicant for

Specialization

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

25-01-2019

Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv

Essay

The thesis explores the criminalistics framework for the operations of a defense party in criminal proceedings, and defines regularities of the legal profession therefore. The work is studied the establishment and development of academic approaches to criminalistics and its subject matter, the consequences of which are the author's definition of the subject of criminology. Conducted analysis of research literature and legislative norms on how to interpret the term “lawyer’s activities” through the prism of words making up the concept, such as “lawyer” and “activities,” and clarified the content of such activities. The thesis also offers a description of professional defense in criminal proceedings. Therefore, it was suggested to consider the improved definitions of the tactics of professional defense and the associated tactics of professional defense on the stage of pre-trial investigation of criminal offence, as well as on the stage of judicial examination of criminal offence. The paper offers the first focus on delineating regularities of the tactics of professional defense on the stages of pre-trial investigation and judicial examination in criminal proceedings. As based on the analysis of available theoretical principles of defense methods in criminal proceedings, we developed a methods structure for professional defense in criminal proceedings on intended homicide and in criminal proceedings on theft. In addition to the abovementioned, in the process of developing the methods for professional defense in criminal proceedings on intended homicide and on theft, it was for the first time delineated certain regularities typical for the activities of a defence lawyer in those proceedings.

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