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Cancellation of a preventive measure in connection with the adoption by an authorized body of a decision on the transfer of a suspect, an accused person for exchange as a prisoner...
Published 2022-09-01“…Problematic issues regarding the normative regulation of the cancellation of a preventive measure in accordance with Art. 201-1 of the Criminal Procedure Code of Ukraine and their solution has been proposed. …”
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42
Detention of a person under suspicion of committing a criminal offence and the possibility to appeal in criminal proceedings
Published 2023-12-01“…The article analyzes the provisions of the current criminal procedural legislation of Ukraine and separate scientific works in the field of criminal procedure regarding the detention of a person under suspicion of committing a criminal offense without a decision of the investigating judge or a court, especially when the detention of a person under suspicion is carried out by an authorized official at the scene of the crime or immediately after its commission. …”
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43
Termination of Prosecution Based on Restorative Justice as an Expansion of the Meaning of Case Waiver
Published 2024-12-01“…The Criminal Procedure Code (KUHAP) and the Attorney General's Act give the public prosecutor and the Attorney General the authority to terminate prosecution, close cases in the interests of the law and set aside cases in the interests of the public. …”
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44
TO THE ISSUE OF THE ESSENCE OF CRIMINALISTIC RESEARCH OF CRIMINAL CASE FILES AND ITS LEGALISATION IN CRIMINAL PROCEEDINGS
Published 2024-12-01“…The current Code of Criminal Procedure of the Russian Federation does not provide for such a procedural action as research of the criminal case files. …”
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45
Legislative amendments regarding criminal proceedings under martial law
Published 2022-06-01“…This statement has been made as a result of a systematic analysis of the Criminal Procedure Code of Ukraine, in particular, it was found that changes and additions were made not only to Section IX-1 “Special regime of pre-trial investigation, trial under martial law conditions”, but also to other general provisions of the Criminal Procedure Code of Ukraine. …”
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46
Definition and content of the concept of transparency of criminal justice
Published 2022-09-01“…On the basis of the analysis of criminal procedural norms that reveal the content of the principles of publicity and openness, suggestions have been made regarding: 1) increasing the degree of legal certainty of the norms that regulate the procedure for consideration by the investigating judge of a request for the conduct of secret investigative (search) actions; 2) it is necessary to take into account that the list of grounds provided for in Art. 27 of the Criminal Procedure Code of Ukraine, is not exhaustive, and/or to provide for the grounds indicated in this article, or to indicate that other cases provided for by the Criminal Procedure Code of Ukraine are possible. …”
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47
Regarding the issue of the representation of denunciators in criminal proceedings
Published 2024-12-01“…Also, it was determined that the Criminal Procedure Code of Ukraine does not regulate the mandatory presence of representatives of the National Agency on Corruption Prevention at court sessions. …”
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48
About subjects authorized to carry out investigative (search) actions restricting the invalidity of the housing or other personal ownership
Published 2021-12-01“…The main authorities that act during the investigative (search) actions at the stage of pre-trial investigation, their criminal procedural functions are identified, and it is highlighted the problems that require further legislative improvement of the functional activities of each of these entities (investigator, interrogator, prosecutor, person authorized to conduct a pre-trial investigation). …”
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49
University proceedings. Volga region. Social sciences
Published 2024-11-01“…Positive trends in the legal regulation of witness immunity of ombudsmen have been identified: the norms of the criminal procedure code have been supplemented by rules on witness immunity of federal and regional ombudsmen; the norms of civil procedural legislation have vested im-munity in authorized persons of general and special competence. …”
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50
Problematic Procedural Issues of Preventing Criminal Offenses on Road Passenger Transport
Published 2020-12-01“…Based on the analysis of law enforcement activities of investigative units, inquiry agencies and prosecutor’s offices, as well as existing theoretical and doctrinal provisions of criminal procedure, the author has suggested propositions and recommendations for improving the theoretical part of criminal procedure, current criminal procedural legislation of Ukraine and interdepartmental and departmental regulatory acts.…”
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51
Regulation Act of Torture in Criminal Code: Opportunity and Challenge to Improve Human Rights Situation in Indonesia
Published 2024-11-01“…The state must have high commitment and political will to revise the Criminal Procedure Code openly and involve the community, ratify OPCAT, implement national legal provisions, and ensure law enforcement against perpetrators.…”
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52
Comparative legal analysis of the expertise in court under the criminal law of Ukraine and CIS countries
Published 2021-12-01“…Proposals were submitted to the domestic Criminal Procedure Code to increase the efficiency of the expertise in court. …”
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53
Features of the application of preventive measures in the investigation of criminal offenses related to domestic violence
Published 2021-12-01“…The essence and procedure for applying the restrictive measures provided for in Part 6 of Art. 194 of the Criminal Procedure Code of Ukraine have been investigated. …”
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54
Participants in criminal proceedings: problematic issues of classification
Published 2024-12-01“…To achieve the set goal, the following main scientific tasks were solved: to analyze the norms of the Code of Criminal Procedure of Ukraine regarding the determination of the status and classification of participants in criminal proceedings; to analyze scientific publications after the adoption of the Code of Criminal Procedure of Ukraine in 2012, devoted to participants in criminal proceedings; using a systemic approach to determine the connections between participants in criminal proceedings with their distribution by stages of criminal proceedings and functions performed. …”
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55
Special criminal investigation (in absentia): problematic issues of a defence counsel's participation
Published 2024-06-01“…Based on the analysis of the criminal procedure legislation and generalisation of theoretical developments, the article identifies some peculiarities of legal regulation of the institute of special criminal proceedings (in absentia). …”
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56
Legal and tactical basis for conducting a search of a person’s residence or other property: identifying the ways to resolve the controversial issues
Published 2023-12-01“…The legal basis for conducting a search is determined by the current criminal procedure legislation of Ukraine and the provisions of international legal treaties ratified by the Verkhovna Rada of Ukraine. …”
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57
Cancellation of a preventive measure in the form of detention under martial law in the context of Art. 616 of the CPC of Ukraine
Published 2022-09-01“…With the introduction of martial law in Ukraine on February 24, 2022, in connection with the military aggression of the Russian Federation, a number of significant changes have been made both to section IX-1 and to other sections of the Criminal Procedure Code of Ukraine. The essence of the procedure for canceling and changing a preventive measure in the form of detention under martial law has been revealed, namely, it has been clarified that this process is complex and contradictory, as there is no clear mechanism for its practical application. …”
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58
Directions for improving the legal regulation of forensic DNA analysis in Ukraine in the context of integration into the European Union
Published 2022-06-01“…Together with the adoption of the Law of Ukraine “On the State Registration of Human Genomic Information”, it is necessary to introduce changes and additions to the Code of Criminal Procedure of Ukraine in order to harmonize the provisions of these normative legal acts, which primarily concern the improvement of the procedure for obtaining samples for molecular genetic research. …”
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59
Legality of bringing to administrative responsibility for an offense under Art. 130 Code of Ukraine on Administrative Offenses: retrospective analysis
Published 2021-12-01“…It is proved that the above facts contradict the content of the principle of legality, in particular, "ignored" the rule of compliance with current legislation, including the rules of criminal procedure, which is the main component of the content of the principle of legality. …”
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60
Corpus juris.
Published 1998-11-01“…The text, which comprises 35 articles on criminal law and criminal procedure concerning protection of the financial interests of the European Union, was in the final version drafted by Professor Mireille Delmas-Marty (Paris). …”
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