Yeroshkin M. Specifics of proving in criminal proceedings on enforced disappearance

Thesis for the Candidate Degree in Law in specialty 12.00.09 – criminal procedure and criminology; forensic examination; investigative activities. Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine. Mariupol, 2021. The dissertation investigates theoretical and applied aspects of proving in criminal proceedings on enforced disappearance. The current state of scientific research on the issues raised has been clarified, as well as the concept and meaning of proving in this category of criminal proceedings has been defined. The characteristic of the legal norms regulating the purpose and limits of proving, taking into account the features of criminal proceedings on enforced disappearance is given. The grounds and procedural order for initiating criminal proceedings on enforced disappearance have been determined. Emphasis is placed on the need to improve the current model of criminal procedural regulations in terms of the grounds and procedural order for initiating criminal proceedings on enforced disappearance. The circumstances to be proved in criminal proceedings of this category of crimes are singled out and characterized. Practical recommendations for establishing the circumstances to be proved in criminal proceedings at the stage of pre-trial investigation are offered. The description of investigative (search) actions as a means of gathering evidence is given and the procedure for conducting undercover investigative (search) actions during the investigation of enforced disappearances is revealed. Scientifically substantiated suggestions and recommendations for improving the current criminal procedure legislation of Ukraine in the context of the subject of research are offered. Key words: criminal proceeding; enforced disappearing; personal liberty; security; pre-trial investigation; proving; collecting evidence; investigative (search) actions; undercover investigative (search) actions.