Shylo O. The theoretical foundations and practice of constitutional human and citizen rights to judicial protection in the pre-trial proceedings in the criminal process in Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0512U000019

Applicant for

Specialization

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

15-11-2011

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the problems of the constitutional human and citizen right to judicial protection in the pre-trial proceedings in the criminal process in Ukraine. In the dissertation the nature of the right to judicial protection is studied and its place in the system of the fundamental human rights and the peculiarities of its mechanism implementing in the criminal process is turned out. Also the conception of the right to judicial protection implementing in the pre-trial proceedings is proposed. The work covers a functional characteristic of the court activity in the pre-trial stages of the criminal process that is carried out in the order of the separate proceedings which are the manifestation of the criminal procedural form differentiation. The procedure for the right to judicial protection implementing in the special court proceedings is examined and the ways to its optimization and the efficiency increase is showed. A number of the proposals for amending the Criminal Procedural Code of Ukraine and the Law of Ukraine "On the Judicial System and Status of Judges" is formulated.

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