Levin V. Procedure of Ensuring the Rights, Freedoms and Legitimate Interests of a Person while Conducting a Search

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U102040

Applicant for

Specialization

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

19-11-2020

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 relationship that arises in connection with the protection of the rights, freedoms and legitimate interests of the person during the search. The purpose of the study is to clarify the specifics of the procedural order of ensuring the rights, freedoms and legitimate interests of a person during a search, identify related problems and develop scientifically sound proposals aimed at improving criminal procedural law in this area and its practice. Research methods: general scientific and special-legal, in particular, systemic, logical-semantic, logical, historical-legal, comparative-legal, statistical methods, modeling method, information approach, etc. Theoretical and practical results, novelty: on the basis of a comprehensive analysis of the provisions of the CPC of Ukraine and the practice of their application identified a special purpose of the search, which in accordance with Part 3 of Art. 233 of the CPC of Ukraine is the saving of human life or property or direct prosecution of persons suspected of committing a crime; argued the expediency of excluding Art. 233 of the CPC of Ukraine from Chapter 20, and the requirements provided therein to enshrine in Art. 13 of the CPC of Ukraine with corresponding changes; proposed provisions of Part 1 of Art. 12 of the CPC of Ukraine to read as follows: "During criminal proceedings, no one may be detained, detained or restricted in the right to free movement during proceedings other than on the grounds and in the manner prescribed by this Code"; the analysis of the procedural procedure for conducting a search of a dwelling or other property was carried out taking into account three interrelated stages: 1) preparatory; 2) consideration by the investigating judge of a request for a search; 3) execution of the decision of the investigating judge on the permission to search the dwelling or other property of the person; theoretical and applied model of prosecutorial supervision over the observance of the rights, freedoms and legitimate interests of a person during a search is characterized taking into account three stages: 1) pre-trial; 2) judicial; 3) execution of the decision of the investigating judge on permission to search a dwelling or other property; it is proved that, when exercising the authority to exercise judicial control when granting a permit to search a home or other property of a person, the investigating judge must take into account the following structural elements: 1) the object of search; 2) the subject of the search; 3) the entity authorized to conduct the search; 4) the subject, whose rights, freedoms and legitimate interests may be restricted as a result of the search; 5) a logical connection between the object, subject and subject, whose rights, freedoms and legitimate interests may be limited as a result of the search. Degree of implementation: developed and substantiated conclusions and proposals can be used in the research field as a basis for further theoretical and legal research of the search; law-making activity for improvement of the domestic legislation during preparation and specification of a number of legislative and by-laws on questions of investigation of criminal offenses; law enforcement activities in order to increase the effectiveness of the investigation of criminal offenses. Scope: in the educational process during the preparation of textbooks and manuals in the disciplines "Criminal Procedure", "Pre-trial investigation", "Evidence in criminal proceedings", "Criminalistics", "Methods of crime investigation", "Features of tactics of individual investigative actions" .

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