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Change of jurisdiction by the prosecutor: problems of law enforcement
Published 2022-06-01“…With the help of the forecasting method, the problems of law enforcement that may occur in the event that the prosecutor entrusts the pre-trial investigation of a criminal offense to a pre-trial investigation body that does not specialize in the investigation of this category of criminal proceedings have been determined. …”
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Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions
Published 2021-03-01“…The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. …”
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Some issues of prosecutor’s participation in proceedings on administrative offences: based on the European Court of Human Rights case law
Published 2023-07-01“…Considering that the place and role of the prosecutor's office is defined in the title of Section VIII of the Constitution of Ukraine “Justice”, this indicates that the special status of the prosecutor’s office in the constitutional system of power is enshrined, and that there is a functional link between the court and the prosecutor’s office, which forms the legal basis of the prosecutor’s office and directly affects the practical activities of the prosecutor's office as an institution of public power. …”
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Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to C...
Published 2020-09-01“…The author researched positions of scholars and representatives of scientific schools in relation to the conceptual apparatus and the essence of the concept of “interaction” in general, as well as “interaction” between pre-trial investigation and inquiry agencies and operative police units in this direction. Special attention has been paid to the study of the peculiarities of forms of interaction and its subjects in criminal proceedings, as well as the existing legislative and practical issues concerning the compliance with operative deadlines of police orders of interrogators, investigators and prosecutors and has suggested the ways to solve them in practice and, in particular, at the legislative level. …”
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The genesis of restrictions and special requirements established during public service
Published 2023-09-01“…The article proposes to single out the four periods of development of the administrative and legal foundations of the public service and special requirements for the activities of public servants. …”
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Defence counsel's participation in a special pre-trial investigation of criminal offenses
Published 2021-12-01“…These include inconsistent provisions of the law on the initial moment of involvement of a defence counsel in a special pre-trial investigation, imperfection of the procedural mechanism for engaging a defense counsel, whose participation is mandatory when considering a request of an investigator or prosecutor for a special pre-trial investigation. to the regional centers of secondary legal aid, assessment of the services quality and proper performance by a lawyer who provides free of charge to the suspect (accused), his or her responsibilities, the possibility of replacing a lawyer, and another problems. …”
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Legislative amendments regarding criminal proceedings under martial law
Published 2022-06-01“…In this perspective, the vision is expressed that it is more logical for the legislator to provide a provision according to which the decision made by the prosecutor is subject to further approval by the investigating judge at the first opportunity. …”
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Determining the Grounds for Conducting Examination through the Prism of Investigative Practice
Published 2020-12-01“…The legal ground for conducting the examination is the decision of the prosecutor (Part 2 of the Art. 241 of the Criminal Procedural Code of Ukraine). …”
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The influence of budget planning, human resource competence, and budget implementation on budget absorption performance
Published 2024-08-01“…This study aims to analyze the influence of budget planning, human resource competency, and budget implementation on budget absorption performance in the Special Criminal Offenses Prosecutor's Office. This type of research is mixed research, and the population in this study consists of the Finance Division employees in the Special Criminal Offenses Prosecutor's Office, totaling 65 employees. …”
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Organizational and legal principles of the State Bureau of Investigation activity in the system of law enforcement agencies of Ukraine
Published 2022-06-01“…It has been emphasized that the main ones are solving the tasks of prevention, detection, termination, disclosure and investigation of crimes committed by officials who occupy a particularly responsible position; crimes committed by NABU officials, the Deputy Prosecutor General - head of the Specialized Anti-Corruption Prosecutor's Office or other prosecutors of the Specialized Anti-Corruption Prosecutor's Office; crimes against the established order of military service.…”
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Some peculiarities of organising the interrogation of a juvenile (minor) victim under martial law
Published 2023-12-01“…Proposals have been made regarding the choice of place (special “friendly” premises or rooms and alternative places) and time of such investigative (detective) action, as well as the investigator (detective) or prosecutor who will conduct the interrogation. …”
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Detention of a person under suspicion of committing a criminal offence and the possibility to appeal in criminal proceedings
Published 2023-12-01“…It is emphasized that in addition to the inquirer, investigator, prosecutor, bodies authorized to carry out a pre-trial investigation, subjects who also have the right to detain a person under suspicion of having committed a criminal offense include all policemen, all military personnel serving in the National Guard of Ukraine, all employees of the special law enforcement military formation of the law enforcement service, employees of the State Security Department, military personnel performing duties for the protection of the state border, employees of the special law enforcement body of the Security Service of Ukraine, employees of the state law enforcement agency (NABU), employees of the customs service, officials involved in the anti-terrorist operation, officials and officials of enforcement agencies prisons and detention centers, captains of sea or river vessels of Ukraine located outside its borders, employees of the Department of Economic Security. …”
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Concept and Classification of Covert Embezzlement of the Property of Another
Published 2021-07-01“…The statistical data for 2020 provided by the Office of the Prosecutor General regarding registered thefts on the territory of Ukraine have been analyzed. …”
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Pre-trial investigation in the de-occupied territories: normative regulation and prospects for implementation
Published 2024-06-01“…It is important in this direction to build effective algorithms for pre-trial investigation bodies, the prosecutor’s office, the court, which cannot be implemented without the introduction of new legislative initiatives. …”
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Use of knowingly false information by criminal proceedings participants
Published 2022-12-01“…To achieve this purpose, general scientific and special methods of cognition have been used, in particular methods of system analysis, system structural, logical and legal. …”
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Grounds and conditions for the application of preventive measures during the pre-trial investigation of corruption criminal offenses
Published 2024-12-01“…Such a ruling is made at the request of the investigator, agreed with the prosecutor of the Specialized Anti-Corruption Prosecutor’s Office, or at the request of the prosecutor of the Specialized Anti-Corruption Prosecutor’s Office. …”
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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“…The norm provided for by Art. 616 of the Criminal Procedure Code of Ukraine, is aimed at realizing the right of a suspect, an accused person to apply to the prosecutor with a request for the cancellation of a preventive measure in the form of detention for the purpose of military service during mobilization, for a special period in the event of the introduction of martial law in Ukraine or some of its localities , implementation of measures to ensure national security and defense, repel and deter armed aggression by the Russian Federation and/or other states against Ukraine. …”
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Сhanging the legal qualification of the facts of a person’s disappearance: a practical aspect
Published 2023-10-01“…The variability of legal qualifications in criminal proceedings based on the facts of the missing person under special circumstances that occurred in the temporarily occupied territory, due to the influence of force majeure, forced migration of the population, the lack of a unified approach of investigative units, the prosecutor's office and the court to this issue at various stages of the pre-trial investigation is a problem that affects the assignment of a fair punishment to persons whose guilt has been proven by the court in the commission of criminal offenses of a violent nature, the consequence of which is first the disappearance of a person, and then the establishment of the fact of his/her death or violent death, extrajudicial execution. …”
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