Kaplina O. Law applicable interpretation of the norms of criminal-procedural law by the court.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0509U000439

Applicant for

Specialization

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

15-06-2009

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The thesis is devoted to the research of the problems of realization of the law applicable court interpretation of the norms of criminal-procedural law. The author has researched the notion of the interpretation its specific features and principles. The law interpreting activity of the subjects of the law applicable interpretation (Constitutional Court of Ukraine, courts of general jurisdiction) have been analyzed in this work; the legal nature of the acts of interpretation, issued by these court, have been defined. The author has elucidated the influence of the precedent practice of European Court of human rights on the process of interpretation of the norms of criminal-procedural law of Ukraine. The nature of the ways of interpretation of the norms of criminal-procedural law (lexical and grammar, logical, systematic, historical, theological, rational) is given in this scientific paper. The author has defined specific rules for each of these ways. The role os the interpretation in the process of overcoming of the defects of logical and structural construction of the system of criminal-procedural law and in understanding of estimation notions has been elucidated in this thesis.

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