Malenko O. Institute proceedings in absentia in criminal procees of Ukraine

PhD thesis in Law, major 12.00.09. – Criminal Process and Criminalistics; Forensic Examination; Operative and Investigative Activity. (081 – Law). Academy of Advocacy of Ukraine. Kyiv, 2019. Taking into account the available scientific and theoretical considerations of domestic and foreign scientists, the problems of the use of forms of criminal proceedings in absentia are considered. In particular, special attention is paid to the procedural and legal nature of proceedings in absentia, the definition of its place and role in the criminal justice system, the characteristics of the attributes of proceedings in absentia and their separation from adjacent legal categories. The historical genesis of the formation and development of the criminal procedural institute of proceedings in absentia in the territory of modern Ukraine is investigated and the author's vision of the corresponding periodization is proposed. On the basis of doctrinal and practical statements, the issue of the feasibility of using forms of criminal proceedings in absentia in the criminal justice system of Ukraine is considered. The norms of the current Criminal Procedural Code of Ukraine, which regulate the implementation of criminal proceedings in absentia (special criminal proceedings), are analyzed both at the stage of pre-trial investigation (special pre-trial investigation) and at the stage of court proceedings (special court proceedings), and a proposal was made to improve the norms of criminal procedural law of Ukraine.