Babenko I. Modern Guarantees of the Realization of Human Rights at the Stage of Pre-Trial Investigation on the Law of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102983

Applicant for

Specialization

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

13-05-2021

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

In this thesis a comprehensive study of ensuring human rights in pre-trial criminal proceedings has been carried out. The general characteristics of ensuring human rights in pre-trial criminal proceedings are considered. The genesis of legislation on ensuring human rights in pre-trial criminal proceedings is analyzed. It was determined that the criminal procedural legislation of Ukraine went through several stages of formation, which were inconsistent in the field of ensuring the observance of human rights. The guarantees of human rights and their system of ensuring in pre-trial criminal proceedings are disclosed. It is indicated that the system of ensuring human rights in pre-trial criminal proceedings includes the normative and implementation components of guaranteeing human rights at such stages as: 1) from the moment of receipt or direct detection of information about the crime committed until the start of the pre-trial investigation; 2) from the moment of entering the statements about the crime committed in the Integrated Register of Pre-Trial Investigations until the end of the pre-trial investigation. On the basis of this, the guarantees of human rights in pre-trial criminal proceedings were divided. International standards for ensuring human rights in pre-trial criminal proceedings are given. It is emphasized that the system of international judicial institutions with regard to ensuring human rights in pre-trial criminal proceedings is gradually increasing.

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