Udovenko Z. Guarantees of ensuring the right of a human being to non-interference in his personal and family life in the criminal proceedings of Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U102036

Applicant for

Specialization

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

29-09-2021

Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv

Essay

The dissertation is devoted to the research of the issue of guarantees of ensuring the right of a person not to interfere in his/her personal and family life in the criminal proceedings taking into account the practice of national courts of Ukraine, decisions of the Constitutional Court of Ukraine, the European Court of Human Rights. A system of guarantees of non-interference in the personal and family life of participants in criminal proceedings has been developed at all stages, which will provide an opportunity to prevent violations of this principle, and in case of illegal restrictions - will effectively restore the violated rights. The definition of the concept of protection of non-interference in personal and family life is given; a new version of Article 15 of the CPC of Ukraine was developed and argued. A number of scientific provisions, conclusions and recommendations on mechanisms to ensure the principle of non-interference in private and family life during criminal proceedings, which reflect conceptually new scientific provisions and conclusions and have important theoretical and practical significance. Іn particular, it is proposed to resolve problematic and debatable issues of legislative, methodological and organizational direction regarding the observance of this constitutional principle, which to this day remain unresolved and contradictory in the legislation of Ukraine. Questionnaires and interviews with National Police investigators, prosecutors, lawyers and judges were conducted; materials of criminal proceedings were processed, during the investigation of which factual data related to personal and family life of a person, decisions of the European Court of Human Rights under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms were collected, generalized reporting data Ministry of Internal Affairs of Ukraine and the Prosecutor General’s Office of Ukraine for 2015-2020.

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