Babchinska T. Exercise of the right to protection in criminal proceedings in accordance with the requirements of international standards.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100111

Applicant for

Specialization

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

21-12-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is the first special comprehensive study of the realization of the right to defense in criminal proceedings in accordance with the requirements of international standards in the national science of criminal procedural law. The state of study of the legal nature of defense in criminal proceedings was determined, the concept, content and protection of the right to defense in criminal proceedings were defined in the thesis. A system of international standards for ensuring the realization of the right to a defence in criminal proceedings has been established and international legal standards for the realization of the right to a defence in the application of measures to ensure criminal proceedings for compliance with the provisions of the Code of Criminal Procedure of Ukraine in this area have been described. The realization of the right to protection during the preparatory proceedings in the national legal practice in accordance with the requirements of international standards is considered. The exercise of the right to a defence in individual proceedings after reporting a suspicion in accordance with international standards has been found. The implementation of the right to protection at the end of the preliminary investigation in the context of compliance with the Code of Criminal Procedure of Ukraine with international standards was described. The implementation of international standards of the right to protection during preparatory proceedings in national legal practice was considered. The exercise of the right to a defence during trial in the context of compliance with international standards was described and clarified the exercise of the right to protection during the review of court decisions in national law for compliance with international standards.

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