Skriabin O. Defender in the criminal process: normative and legal research

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0517U000750

Applicant for

Specialization

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

01-11-2017

Specialized Academic Board

Д 17.127.07

Essay

The thesis is dedicated to a complex research of theoretical, legal and applied problems of defender's involvement in separate stages of criminal proceedings. The methodological basis of research of defender's institute is defined and a choice of the system of cognitive means of the analysis of the procedural status, the place, the role and functions of the defender in criminal process is grounded. The author's vision of historical periods of formation of a concept "lawyer-defender" in the Ukrainian criminal process is grounded and their normative and legal analysis is carried out. The modern foreign experience of the defender's involvement in the criminal proceeding is summarized. On the basis of the analysis of existing legislation, relevant literature, practice of lawfulness and own practical experience, it is investigated the normative and legal peculiarities and problems of defender's involvement in separate stages of criminal proceedings: in pre-trial investigation, in the court of the first and appellate instance. The professional, individual and personal characteristics of a lawyer-defender in the modern criminal proceeding are generalized, the features of his professional formation are determined, the stages and features of his professional formation are determined. The peculiarities of modern vocational training of lawyers-defenders are analyzed and the factors which promote increase of their professional development are revealed and generalized.

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