Hlynianyi O. Indictment in the system of procedural decisions of pre-trial investigation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101623

Applicant for

Specialization

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

19-04-2021

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The thesis paper provides a theoretical generalization and solution of the scientific problem, which consists in obtaining new results in the form of scientific conclusions on establishing the place, meaning and features of the legal nature of the indictment in the system of procedural decisions of pre-trial investigation. Theoretical views on the concept and types of procedural decisions in criminal proceedings are generalized. The place and significance of the indictment in the system of procedural decisions of the pre-trial investigation are determined. The peculiarities of the indictment as a kind of criminal procedural decisions are characterized. The correlation between the indictment and the notice of suspicion as key decisions of the prosecution is established. Problems related to the grounds for drawing up an indictment, its content and form are identified. Procedural features of preparation, verification and approval of the indictment are determined. The problem of returning the indictment to the prosecutor during the preparatory proceedings is studied. The specifics of using the indictment as a basis for determining the boundaries of the trial are clarified. Scientifically substantiated proposals for improving the legal regulation and practice of resolving issues related to the indictment in criminal proceedings are formulated.

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