Gunchenko O. Defender's activity when deciding on preventive measure using in the form of detention.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003726

Applicant for

Specialization

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

27-08-2019

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

The thesis is the first one after the adoption of CPC of Ukraine in 2012 by special complex observation of theoretical and applied problems of defender's activity when deciding on preventive measure using in the form of detention. The thesis deals with theoretical and legal foundations, peculiarities of defender’s activity in question decision of preventive measure use in detention form at the stages of pre-trial investigation, preparatory proceedings, stages of judicial and appellate proceedings. It is proposed the author’s definitions of defender's activityduring resolving the issue of preventive punishment, local defense object, methodology, current state of scientific development of the problem, concept and structure, peculiarities of evidence, forms and means of refuting grounds and risks, setting circumstances that take into account custodial circumstances. The specificity of defender's activity in solving of preventive measure using in the form of detention at trial stages is researched. In this paper, theoretical positions were formulated, scientific and practical recommendations were formulated to improve the norms of the current CPC of Ukraine in terms of ensuring the effectiveness of defender's activity during deciding on preventive measure using.

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