Kobak M. Implementation of the principles of criminal proceedings by an investigating judge

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100976

Applicant for

Specialization

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

09-07-2020

Specialized Academic Board

К 64.896.01

Hon. Prof. M.S. Bokarius Kharkiv Research Institute of Forensic Examinations

Essay

The object of the study is the public relations that arise and develop in the field of implementation of the principles of criminal proceedings by the investigating judge. Purpose: to establish the peculiarities of the investigative judge's implementation of the principles of criminal proceedings, to identify problematic issues in its legal regulation and to develop scientifically sound proposals to improve the norms of the CPC of Ukraine and other regulations governing the investigative judge. Methods: dialectical, historical-legal, system-structural, logical-semantic, comparative-legal, logical-legal, formal-legal, structural-functional and sociological. Theoretical and practical results, scientific novelty: the author's approach to determining the stages of formation and evolution of the institution of the investigating judge in the legislation of Ukraine is substantiated, which allowed to reveal the content of the procedural status and powers of the investigating judge; developed a classification of the powers of the investigating judge according to the criteria of implementation of the principles of criminal proceedings, which contributed to the identification of modern problems of law enforcement; the theoretical model of the mechanism of realization by the investigating judge of principles of criminal proceedings for maintenance of its effective activity is created; a system of basic and additional requirements for investigating judges specializing in juvenile cases has been developed, with their simultaneous enshrinement in the Law of Ukraine “On the Judiciary and the Status of Judges”; argued the need to amend some provisions of the CPC of Ukraine to improve the implementation of the investigating judge of some principles of criminal proceedings (equality before the law and the court, publicity, reasonable time, ensuring the right to appeal procedural decisions, actions or omissions, etc.). Scope of use: in the law-making sphere - when making changes and additions to the current CPC of Ukraine, as well as in improving the current legislation, in particular the Law of Ukraine "On the High Council of Justice" and the Law of Ukraine "On the Judiciary and the Status of Judges"; in the research sphere - for further development and research of topical issues of implementation by the investigating judge of the principles of criminal proceedings; in the field of law enforcement - to improve the activities of the subjects of criminal proceedings, especially the investigating judge; in the educational process - when writing separate sections (chapters) of textbooks and manuals for the course "Criminal Procedure Law", when preparing lectures and conducting classes on relevant topics.

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