Vovchuk L. Criminal procedural human rights activity of authoritative subjects of pre-trial investigation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100977

Applicant for

Specialization

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

10-07-2020

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 legal relations arising from the implementation of pre-trial investigation of human rights activities by the authorities. Purpose: to study theoretical, legislative and applied issues related to the implementation of criminal procedural human rights activities by the authorities of pre-trial investigation, as well as the development of scientifically sound proposals and recommendations aimed at improving criminal procedural law and practice within its scope. Methods: dialectical, search-bibliographic, formal-logical, formal-legal (dogmatic), system-structural, system-functional, sociological and statistical. Theoretical and practical results, scientific novelty: the essence, content and main components of human rights activities of the investigator, prosecutor, investigating judge are determined; proved that the human rights activities of the authorities of the pre-trial investigation is a kind of implementation of the national law enforcement function, defined by Art. 3 of the Constitution of Ukraine; outlines the main directions of human rights activities of the authorities of the pre-trial investigation; it is substantiated that the human rights activity of the authorities of the pre-trial investigation can be neither a component of their criminal procedural functions, nor a derivative of them, because as a leading national function, it does not derive from them, but they are all conditioned by it; it is proposed to enshrine human rights (law enforcement) activities of the authorities of criminal proceedings in Art. 22 of the CPC of Ukraine as its main (general procedural) function; a proposal was made to prohibit the investigating judge from conducting judicial review proceedings in the conditions of adversarial proceedings, when one of them is represented by only one of its representatives, as the parties have a group architecture, which obliges them to act in a group (collective) ) basis; the basic procedural ways of realization of human rights activity by the investigator, the prosecutor, the investigating judge are opened. Practical significance: the provisions obtained as a result of the research conducted in the dissertation can be used in legislative activity - during the improvement of the provisions of the CPC of Ukraine on the legal regulation of human rights activities of the authorities of criminal proceedings; in law enforcement activity - practical work of an investigator, prosecutor, investigating judge, forensic expert; in research work - for further study and development of scientific provisions relating to the provision of human rights and freedoms by the authorities of the pre-trial investigation. Scope of use: in the educational process - when lecturing, conducting practical classes, preparing textbooks, manuals and guidelines for disciplines "Criminal Procedure Law", "Actual problems of the criminal process of Ukraine", "Problems of pre-trial investigation", "Criminalistics", "Investigation of crimes against life and health of a person", "Prosecutor's Office of Ukraine", as well as in the preparation of lecture materials for graduate students in criminal procedure, forensics and forensic science.

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