Kalinnikov O. Pre-trial investigation in criminal proceeding in the absence of a suspect (in absentia) in Ukraine and European countries (comparative legal study)

Based on the criminal procedure legislation of Ukraine and foreign states, international legal enactments, case law of the European Court of Human Rights, modern development of criminal procedure law, the Thesis outlines for the first time complex comparative study of legal regulation of the procedure of pre-trial investigation in the absence of a suspect pursuant to the legislation of Ukraine and European countries, including new and improved scientific conclusions and regulations. The genesis of the criminal procedure legislation of Ukraine as regards the pre-trial investigation in absentia as a part of the criminal proceeding in the absence of the suspect, accused since 1991 till present, has been studied with determination of its periodization and outlining of the components and analysis of their positive and negative aspects. Development of the European legislation on pre-trial investigation in the absence of the suspect, as part of the criminal proceeding in absentia has been summarized and main factors in the development of criminal procedure legislation in the absence of the suspect (in absentia) in the European countries have been identified: the case law of the ECtHR, development of the European Union law, as well as internal socio political and criminogenic situation in the country.