НОРМАТИВНЕ ВРЕГУЛЮВАННЯ ПОЧАТКОВОГО ЕТАПУ ДОСУДОВОГО ПРОВАДЖЕННЯ
FIRST STAGE PRETRIAL PROCEEDINGS’ REGULATIONS
Author(s): J. Lukjanchykow, B. LukjanchykowSubject(s): Criminal Law, Criminology
Published by: Fundacja „Oświata i Nauka Bez Granic PRO FUTURO”
Keywords: the criminal proceedings; the pretrial proceedings; the criminal violation’s petitions and messages; the proceeding decisions; the information review about the crime;
Summary/Abstract: It is analyzed the Ukrainian criminal procedural Code’s norms and the departmental regulations by which the activity concerning the acceptance of the alleged criminal violation’s petitions and messages as well as the entry of the information into the integrated registry of pretrial proceedings is regulated. It is taken attention to the ambiguity of the scientists’ views on the determination of the criminal proceedings’ stages. It is indicated that the criminal proceedings’ structure mentioned in the point 10, part 1 article 3 Ukrainian criminal procedural Code is determined insufficiently clearly and needs the clarifications. It is noticed that not all information sources about the criminal offences indicate the constituent element of offence with the sufficient degree of probability that is sufficient for the entry of the information into the integrated registry of pretrial proceedings. Sometimes a need arises to verify these petitions and messages for what the procedural means should be indicated. The offer to regular this question in the departmental regulations (Provision about the procedure of the integrated registry of pretrial proceedings) can’t be recognized successful. Some provisions need the clarifications and in the last analysis this question can be regulated by the Ukrainian criminal procedural Code.
Journal: KELM (Knowledge, Education, Law, and Management)
- Issue Year: 11/2015
- Issue No: 3
- Page Range: 206-217
- Page Count: 12
- Language: English, Ukrainian