criminal proceedings

Measures to ensure criminal proceedings: legal analysis

The article considers the system of measures to ensure criminal proceedings under the current Criminal Procedure Code of Ukraine. A critical analysis of scientific positions on the concept of measures to ensure criminal conduct, as well as their features.

The Criminal Procedure Code of Ukraine is a completely new, modern, democratic instrument aimed at implementing judicial reform in Ukraine. The current CPC has consolidated a number of institutions that have significantly changed the criminal procedure legislation of Ukraine.

The problem of organizing forensic activities in the process of prosecution: European experience in the context of coercion

 

The article is devoted to the problem of organization of forensic activity in the process of criminal prosecution and, in general, to the problem of improving the whole procedure of obtaining evidentiary information in the process of criminal proceedings in European countries. Such foreign experience can be, in particular, extremely useful both for the organization of forensic activities in Ukraine and, in general, for improving the whole procedure of obtaining evidentiary information in the course of criminal proceedings in the context of procedural coercion.

The essence and purposes of the use of forensic examinations in the pre-trial investigation of criminal proceedings

The article is devoted to the problem of forensic and procedural analysis of the essence and purposes of the use of forensic examinations during the pre-trial investigation of criminal proceedings. In criminal procedural activity, special knowledge is used in two forms: – in the form of involving specialists during certain investigative (search) actions; – in the form of involving an expert in criminal proceedings for examination.

The issue of classification of participants in criminal proceedings and authorized to support an indictment in court

The issues of participants in criminal proceedings, authorized support of the prosecution in court are defined. СPC of Ukraine to the party of criminal proceedings - from the prosecution included the investigator, the interrogating officer, the head of the pre-trial investigation body, the head of the body of inquiry, the prosecutor, as well as the victim, his representative and a legal representative in cases established by CPC of Ukraine is analyzed.

Problems of the institute of advocacy in the criminal process and its overcoming

In civilized democracies, the bar is an integral factor of the legal system and the main non-state institution for the protection of the individual, his rights and freedoms. In modern conditions, when the issue of effective reform of the legal system of the state, its approximation to European standards - the standards of countries with better legal awareness and legal culture, there are problematic issues of formation and development of legal aid as a guarantee of law and order in civil society in Ukraine.

Guarantor as a person deserving trust

The article is devoted to the issue of interest to scientists and practitioners in the context of the application of a precautionary measure in the form of a personal guarantee — a description of the guarantor's personality as trustworthy. The study of the provisions of current legislation and the results of the scientific work of scientists has reasonably allowed us to draw appropriate conclusions.

Receiving by the exposer of corruption information about the state of the pre-trial investigation initiated by his statement or message

The article analyzes some provisions of current legislation and judicial practice in order to clarify the content of the definition contained in Part 3 of Article 60 of the Criminal Procedure Code of Ukraine "the state of pre-trial investigation." This goal is conditioned by the norm of the Criminal Procedure Code of Ukraine, which stipulates that the applicant who is the whistleblower (except for the possibility: to receive from the body to which he submitted the application, a document confirming its acceptance and registration; confirmation of his statement of things and documents; recei

Functions of the charge: content and stages of implementation

The analyzed positions of scientists that determine the content of criminal procedure functions. Here the question was examined regarding the content, the moment of occurrence and the stages of the implementation of the criminal procedure function of the prosecution. It is emphasized that the function of the prosecution is the driving force of the criminal process and contributes to the emergence of other criminal procedural functions of the defense and the trial.

Procedural forces in the process of implementing precautions relating to partial restriction of freedom of person

The article deals with the problem of the nature of procedural coercion in the process of preventive measures related to the partial restriction of a person's freedom during criminal proceedings. In particular, an analysis of a relatively new preventive measure, which found anchoring in the current Criminal Procedure Code of Ukraine house arrest, which is a certain legislative filling in of the gap that arose between preventive measures, unrelated to the restriction of freedom of person, is provided.

Protection of victim’s rights at the pre-trial investigation stage

The features of the protection of the victim’s rights during the pre-trial investigation are
considered. The victim is a party to the criminal proceedings, which is central. Ukraine is
proclaimed a democratic, rule of law state and directs its activities on the basis of
constitutional principles, in particular, a person is recognized as of the highest social value, and
criminal proceedings should ensure and protect this basic concept and orientation of the state’s
activity in the field of “human rights protection”. The legal mechanism of protection of the