Sytailo O. Bail as a measure ensuring the criminal proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103417

Applicant for

Specialization

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

21-09-2021

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

In the dissertation on the basis of the analysis of the criminal procedural legislation of Ukraine and practice of its application, scientific works of domestic and foreign scientists, generalization of empirical data the institute of bail in criminal proceedings, its procedural regulation is comprehensively investigated. of this event. The essence of criminal procedural coercion is revealed. The normative model of the institution of collateral, its types by subject composition are studied. The specifics of the activity of subjects, both those who use the pledge and to whom it is applied, as well as the nature of legal relations between them are identified and characterized A scientific analysis of the procedure and conditions for returning the pledge to the suspect, accused, mortgagor was carried out. The procedure for applying the pledge to the state revenue is highlighted. The most effective procedural guarantees of ensuring the rights and legitimate interests of the suspect, accused, mortgagor are analyzed and systematized. The peculiarities of prosecutorial supervision and judicial control during the decision on the application of bail are described. The questions concerning the activity of the defender during the application of the pledge are investigated. A comparative legal study of the procedural mechanism of bail in the post-Soviet countries and some countries of the European Union, the United States and England. A number of scientifically substantiated proposals for improving the provisions of the CPC of Ukraine have been formulated.

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