Tsyliuryk I. Guarantees of the rights, freedom and legitimate interests protection of the criminal proceedings participants during the investigation (search) actions.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101672

Applicant for

Specialization

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

16-10-2020

Specialized Academic Board

К 35.052.23

Lviv Polytechnic National University

Essay

The thesis is devoted to the top issues of the provision of the guarantees of the rights, freedom and legitimate interests of the criminal proceedings participants during the investigation (search) actions. It is stated that the guarantees as well as a set of any processes include both positive and negative influence on the social relations approaching in a steady way the sphere of criminal procedural relations. It is stated that due to the principle of the rule of law appears the legitimacy of the investigational (search) actions, it shows their compliance with the applicable procedural law as well as universally recognized rights, freedoms and interests of their participants. It is proved that considerable meaning for the provision of the rights and freedoms guarantee, legitimate interests belongs to de limitation off actual and legal grounds for investigative (search) actions. Factual and legal grounds are for preventing unjustified interference of pre-trial investigation authorities in the private life of citizens. It is investigated that in exceptional cases and under conditions when it is mpossible to obtain information in another way, it is allowed to conduct covert investigative (search) actions. The demands for the cooperation for the investigative and operational employees are stated ,while conducting NSRD: 1) cooperation should be of the precise character; 2) should be based on the law and proper use of forms, forces, methods and means of work; 3) should be implemented with the correspondent principles.

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