Stankovych M. Legal regulation of preventive measures in criminal proceedings

Dissertation for the Candidate Degree in Law, specialty 12.00.09 – Criminal Process and Criminalistics, Forensic Enquiry, Operative-Investigative Activity. – National Academy of Internal Affairs, Kyiv, 2018. In the dissertation, a comprehensive study of the legal regulation of preventive measures in criminal proceedings was carried out. The essence of measures of restraint as a subject of legal regulation in criminal trial is investigated. The analysis of scientific views and norms of the criminal procedural legislation concerning preventive measures is carried out and their concept and system is defined. The functional purpose of preventive measures in criminal proceedings is disclosed, the subject of criminal procedural law with regard to the regulation of preventive measures and the methods of criminal procedural law applied for the legal regulation of preventive measures are defined. A study was made of general and special rules for the application of preventive measures in criminal proceedings. Significant signs of general rules for the application of preventive measures are defined and provisions are formulated that make up the system of such rules. The shortcomings of special rules for the application of preventive measures in criminal proceedings are considered. The legal norms that regulate preventive measures in the criminal procedure are investigated. The structural elements of the norms of law that regulate preventive measures in criminal proceedings are disclosed. Proposals have been formulated to improve the regulatory support for the application of preventive measures in criminal proceedings.