Lambutska T. Procedural status of the presiding judge at a court hearing in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100673

Applicant for

Specialization

  • 081 - Право. Право

22-04-2021

Specialized Academic Board

ДФ 26.007.044

National Academy of Internal Affairs

Essay

The dissertation based on the results of studying national and foreign legislation, scientific sources, generalization of case law of Ukrainian and foreign courts and the European Court of Human Rights, as well as survey data conducted a comprehensive study of the procedural status of the presiding judge. Based on the results of studying doctrinal and normative sources, the author's definitions of a number of concepts are formulated, including: procedural status of the presiding judge in court, which is proposed to be interpreted as a set of procedural rights, procedural obligations (including the obligation to bear disciplinary responsibility), procedural interests and procedural guarantees. presiding judge in court; procedural rights of the presiding judge in a court session - as a list of permitted or alternative possibilities enshrined in criminal procedural norms, necessary for the presiding judge to carry out the tasks and functions assigned to him by presiding in court proceedings; procedural duties of the presiding judge in a court session - established by criminal procedural norms and provided by the state with the type and measure of proper (or necessary) conduct of the presiding judge, aimed at conscientious exercise of his procedural rights and individual procedural actions to achieve court proceedings;

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