Hanenko I. Immunities in the criminal process of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101244

Applicant for

Specialization

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

21-08-2020

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

The thesis is one of the first since the adoption of the CPC of Ukraine in 2012 a comprehensive study of theoretical and applied problems of the implementation of immunities in the criminal process of Ukraine. The thesis consists of an introduction, three sections, which include ten sections, conclusions, a list of sources used, annexes. The introduction contains a substantiation of the relevance of the topic of the thesis research, information about its purpose and objectives, object and subject, methodological basis and the empirical basis used, its scientific novelty and practical significance of the obtained results, as well as validation of the research results. Section 1, Theoretical and Legal Foundations of Immunity in Criminal Procedure, consisting of three subdivisions, analyzes the terminology that defines immunity in criminal proceedings and examines the immunity related definitions. The author's definition of immunity in criminal proceedings is offered, as well as the structure and content of legal relations that are carried out within the framework of immunity in criminal proceedings are analyzed. Taking into account this, the systematization of legal relations within the limits of realization of immunities in criminal proceedings is analyzed and the author's classification of immunities in criminal proceedings is proposed. Section 2, Immunities of Elected and Officials, consists of four divisions. This section explores a number of issues related to the definition of immunity of persons whose activities are essential for the functioning of public authorities in Ukraine. The second section deals with the immunity of the President of Ukraine. Within the framework of the question, the importance of transparency of functioning of the mechanism of realization of the immunity of the President of the state in criminal proceedings was emphasized. The author's view on the functioning of the mechanism of criminal prosecution of ex- presidents on the general grounds established by law is offered. This will ensure the proper functioning of the principle of equality in criminal proceedings. Section 3, "Witness Immunity in the Criminal Procedure of Ukraine", consists of three divisions. This section defines the immunity of close relatives and family members of the suspect and / or accused of exposing both himself and his relatives to the crime. It focuses on the importance of family relations for society and the state as a whole. It is proposed to expand the content of the CPC's provisions on defining the list of close relatives and family members subjects such as: cousin, cousin, cousin, step-sister, cousin, uncle, cousin, and niece. The third section focuses on the peculiarities of the immunity of clergy in criminal proceedings. The author's view on the substantive regulation by the legislator of the peculiarities of the implementation of this kind of immunity, taking into account the positions of representatives other than Christian, religious trends, is offered. The third section also expresses the author's view on the peculiarities of the implementation of the immunities of medical professionals and notarial immunity in the framework of criminal proceedings. Key words: immunity, privilege, inviolability, officials, witness, representative, international relations.

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