Harmatiuk V. Theoretical and Applied Aspects of Justice Administration in Criminal Proceedings against Corruption-Related Crimes

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100097

Applicant for

Specialization

  • 081 - Право. Право

17-02-2023

Specialized Academic Board

ДФ 70.895.028

Khmelnytsky university of management and law Leonid Yuzkov

Essay

The scientific novelty is due to comprehensive theoretical and applied study of justice administration in criminal proceedings against corruption-related crimes, identification of main problems of legislative regulations; the ways to solve them, the analysis of the practices of criminal proceedings, the development of scientifically based recommendations for its improvement. There have been made and justified several new provisions and also improved current ones for the justice administration in criminal proceedings against corruption-related crimes. The research includes: there has been done historical and legal and comparative analysis in order to determine formation and development of justice in criminal proceedings against corruption-related crimes; there has been determined the concept, tasks and the peculiarities of justice in criminal proceedings against corruption-related crimes; there have been analysed international legal standards to ensure the implementation of justice in criminal proceedings against corruption-related crimes; there have been revealed judicial control of investigating judges of High Anti-Corruption Court (HACC) in order to follow the rights, freedom and interests of people in criminal proceedings; there has been revealed the consideration of the cases by HACC as a court of first appeal; there has been revealed the consideration of the cases by the Appeals Chamber of the HACC as a court of second appeal; there has been revealed organization of activities in criminal proceedings against corruption-related crimes in Supreme Court; there has been analysed foreign experience of litigation in criminal proceedings against corruption-related crimes and practice of European Court of Human Rights; there has been analysed the state and there have been defined the ways to improve the judicial system and its administration in criminal proceedings against corruption-related crimes and there have been processed the proposals to improve current legislation in the justice administration in criminal proceedings against corruption-related crimes. Comparative analysis of justice in criminal proceedings in EU countries against corruption-related crimes draws the distinction between the approaches in defining subject-matter jurisdiction and the technique of legal regulation of judicial body in corruption-related crimes.

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