Atamanov O. Notification of suspicion to a person whose whereabouts has not been established or who is staying outside Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U101886

Applicant for

Specialization

  • 081 - Право. Право

23-06-2021

Specialized Academic Board

ДФ 26.007.063

National Academy of Internal Affairs

Essay

Based on the criminal procedure legislation of Ukraine, international legal enactments, case law of the European Court of Human Rights, the Thesis outlines for the first time complex comparative study of theoretical, legal and applied problems of law enforcement of the concept of "notification of suspicion" to a person, inter alia, the peculiarities of its implementation in case of failure to establish his/her whereabouts, as well as when the person is residing and/or staying in the temporarily occupied territories of Ukraine or outside Ukraine, which includes new and improved scientific conclusions, regulations and practical recommendations. The current state of scientific study of notification of suspicion to a person, whose whereabouts has not been established or who is staying outside Ukraine has been outlined. The theoretical and practical aspects of the procedural activity of an investigator, prosecutor in the process of drafting of the relevant procedural act (judgement), as well as during the change of the notification of suspicion in the pre-trial investigation have been considered. The cases (grounds) and procedure for serving a written notice of suspicion, being a part of the notification of suspicion to a person, have been studied. Own theoretical complex definition of the term "notification of suspicion" has been formulated. Own classification of the forms of change of the notification of suspicion in the pre-trial investigation, by the criterion of the change of qualification of an act has been offered.

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