Mudretskyi R. Overcoming the Counteraction to Trial in criminal proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100095

Applicant for

Specialization

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

20-12-2019

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

The dissertation deals with the complex of theoretical and practical issues overcoming litigation in criminal proceedings. The current state of counteraction to litigation in criminal proceedings is analyzed. In the forensic sense it is defined that counteractions to criminal proceedings are unlawful intentional or unintentional system of action (inactivity) or separate action (inactivity) of participants in criminal proceedings, other people, and, such external deliberately created negative factors that impede their fair consideration by an impartial and independent court and a lawful and well-founded decision. The forensic classification and characterization of methods of counteraction to trial in criminal proceedings is provided. The legal basis for overcoming opposition to criminal proceedings are determined. The features of detection of signs of counteraction to trial in criminal proceedings and forecasting of court situation in counteraction conditions are outlined. The forensic basics of overcoming the counteraction to litigation in criminal proceedings are illuminated. The features of tactics of overcoming false testimony during the trial are highlighted. The tactics of overcoming the pressure on the participants of criminal proceedings and the court are revealed.

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