Nikolaychuk G. Prosecutor’s powers and their realization in court proceeding.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number


Applicant for


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


Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv


The thesis is one of the first complex research in Ukraine in which based on the interdisciplinary approach to solving planned tasks, the concept of prosecu-tor’s powers is created and argumented. Theoretical, legal and practical aspects of their realization in court proceeding are defined and developed including new and improved scientific conclusions and provisions. The content of criminal procedural prosecutor’s activity in court proceeding is researched. It means the prosecutor’s and other criminal procedural partici-pants’ system of actions, regulated by criminal procedural law concerning the realization of their powers, as a result of which criminal procedural relations appear, alter or disappear. The core of prosecutor’s criminal procedural powers in court proceding is defined as the totality of prosecutor’s rights and duties in court proceeding, realized by legal means envisaged by normative legal acts. The genesis of scientific views and legislation concerning the regulation of prosecutor’s activity in court proceeding is researched, periodic development of this issue both in legislation and in science is explored. The author defines typical practical obstacles a prosecutor faces in court investigation, which are the following: the necessity of overcoming the incom-pleteness of preliminary investigation during court proceeding, the elimination of contradiction in evidence, examining the evidence changed in court proceeding. The thesis arguments that the possibility of any person, defined by court as a guilty in committing of criminal offense, to appeal to a higher instance court with the demand to overview the courts decision is universally recognized European legal standard. The practice testifies that quality of criminal proceeding depends on the principality and persistence of a prosecutor in defending his legal position in it. The appeal instance can not overview an unreasonable acquittal of a person, softens of punishment, unreasonable proceeding closure or the applying the law on more heavy crime without an appeal application of a prosecutor on it and other participants of criminal proceeding may not be interested in it. The approaches are improved concerning that in criminal procedural law except the criteria of lawfulness, well-roundness and reasonableness, which the sentence or decision should correspond, it is necessary to envisage one more criterium – the justness, which is one of the most important criterium and comes from the principle of rule of law and legal certainty. The these are argumented that the legislator’s analogy between the prosecu-tor’s refusal from appeal and cassation are not justified. There are a plenty of complex recommendation concerning the improve-ment of prosecutor’s activity in court proceeding, overview of court decisions in cassation, in newly appeared and exceptional grounds.


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