Voloshanivska T. The principle of ensuring the right to protection in criminal proceedings in the context of European standards of fair trial.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002082

Applicant for

Specialization

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

16-03-2019

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis is national science first special comprehensive research of the principles of ensuring the right to protection in criminal proceedings based on the provisions of the Code of Criminal Procedure of Ukraine in 2012 and European standards of fair trial. This thesis defined and grounded the concept of modern transformation of the right for protection in criminal proceeding with accordance to the practice of ECHR. The legal nature of the protection of both criminal and procedural categories was ascertained. The circle of subjects of protection in criminal proceedings was set. In addition, the starting and final terms of appointing the appropriate status with accordance to the complex of procedural rights was defined. The basic European standards of ensuring the right of individuals for protection in criminal proceedings were depicted and the peculiarities of their implementation in the national legislation were considered. The structure and content of the right for defense in criminal proceedings in the light of European standards of a fair trial were characterized. The concept and criteria of efficiency of the right for protection from prosecution realization were defined. The main components of the mechanism of ensuring the right for effective protection in the context of European standards of a fair trial were characterized. Scientifically grounded suggestions on the improvement of the CPC of Ukraine regarding the regulation of the principles of the right for effective protection in criminal proceedings with regard to European standards of a fair trial were submitted.

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