Kots Y. Evidence During Pre-Trial Investigation of Criminal Proceeding on the Creation of Militarized or Armed Formations not Provided for by Law.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100346

Applicant for

Specialization

  • 081 - Право

30-09-2022

Specialized Academic Board

ДФ 35.725.052

Lviv State University of Internal Affairs

Essay

Kots Y. P. Evidence during the pre-trial investigation of criminal proceedings on the creation of unforeseen paramilitary or armed groups. The dissertation on competition of a scientific degree of the doctor of philosophy on a specialty 081 – the Law. – Lviv State University of Internal Affairs, Lviv, 2022. The dissertation is devoted to the research of the criminal procedural order of proving during the pre – trial investigation of criminal proceedings on the creation of paramilitary or armed formations not provided by law. Coverage of the chosen research topic involves analysis of the state of scientific development, which reveals the process of formation and development of the institution of criminal procedure evidence in criminal proceedings for the creation of unforeseen paramilitary or armed groups. Given the circumstances we have identified to be proved during the pre-trial investigation of criminal proceedings on the creation of unforeseen paramilitary or armed groups, the methods and algorithms of collecting (obtaining) evidence and their use are investigated and characterized. Methods of obtaining evidence in the investigated criminal proceedings are analyzed and classified. Peculiarities of gathering (obtaining) evidence during investigative (search) actions in criminal proceedings on creation of paramilitary or armed formations not provided by law are considered, organizational and tactical recommendations on site inspection, search, interrogation, investigative experiment, presentation for identification are developed. It is alleged that evidence during the pre-trial investigation of criminal proceedings on the creation of unforeseen paramilitary or armed groups is used not only to formulate and substantiate the conclusions (decisions) of the investigator, prosecutor, but also to put forward, build and test versions in criminal proceedings. criminal offense and the processes of its reflection in the external environment, the dynamics of trace formation, etc. The scientific results obtained in the dissertation provide grounds for formulating conclusions and recommendations that have theoretical and practical significance. Key words: paramilitary or armed formations not provided by law, circumstances to be proved, gathering of evidence, use of evidence, pre-trial investigation, investigative (search) action.

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