Klymkevych R. Criminal procedural legislation of Ukraine and the European Union: approximation and differentiation.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100349

Applicant for

Specialization

  • 081 - Право

25-08-2022

Specialized Academic Board

ДФ 35.725.046

Lviv State University of Internal Affairs

Essay

Klymkevych R. А. Criminal procedural legislation of Ukraine and the European Union: approximation and differentiation. – Qualifying research paper on the rights of the manuscript. Dissertation on Doctor of Philosophy Degree on a specialty 12.00.09 «Criminal process and criminalistics; forensic examination; operational and investigative activity» (081 – Law). – Lviv State University of Internal Affairs, Lviv, 2022. The dissertation covers a comprehensive solution of a scientific and applied task aimed at clarifying the concept and system of criminal procedural legislation of the European Union, as well as the characteristics of its sources. The scientific novelty of the work is that the dissertation is one of the first in Ukraine criminal procedure science research on criminal procedural legislation of the European Union. The formulated provisions are aimed at solving the important scientific and practical task, which is to determine the system and sources of criminal procedural legislation of the European Union, and the obtained conclusions determine the prospects of scientific cooperation of the criminal justice bodies of Ukraine with the relevant competent authorities of other EU member states. The recommendations developed in the dissertation can be used in the educational process, scientific and practical activity of bodies involved in international cooperation in criminal proceedings. Chapter I ‘Notion, features and system of EU criminal procedural legislation’ analyses this issue’s scientific development status, forms the notion of EU criminal procedural legislation, highlights its features, sources and tendencies in its development. Chapter III ‘Approximation and differentiation of criminal procedural legislation of Ukraine and the EU’ provides a comparative analysis of certain norms of criminal procedural legislation of Ukraine with related criminal procedural norms of the EU. The advisability of using the term ‘approximation’ to approximate the criminal procedural legislation of Ukraine and the EU is substantiated. The following ways of approximation are identified: approximation of the legislation regulating the rights of participants in criminal proceedings and approximation of the legislation regulating the freezing and confiscation of criminally obtained assets. The paper highlights the differentiation of legislation regulating the rights of participants in criminal proceedings and cooperation in criminal matters. Key words: EU legislation, EU criminal procedural legislation, approximation of legislation, diversification of legislation, directives, regulations, order

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