ARTICLE 237 CPC OF UKRAINE: THE PROBLEMS OF REALIZATION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 3, Issue
Abstract
The article is devoted to highlighting issues of implementation of Art. 237 CPC of Ukraine. Review is one of the most important investigative actions, timeliness, completeness and objectivity of which directly affects the success of the investigation as a whole. Implementing of CPC of Ukraine in investigators, prosecutors, courts, lawyers practice has revealed a number of issues that require the development of theoretical and practical recommendations on its implementation to improve procedural legislation. Efficiency review compliance with defined rules of procedure of the meeting. Today the review procedure in home or other property is extremely complicated, which creates ambiguity in practice in the application of the CPC of Ukraine. Based on blanket norm p. 2, Art. 237 CPC of Ukraine entering into a dwelling or other property for the court decree or any purpose is possible on voluntary consent of the person who owns them (p. 1 Art. 233 CPC of Ukraine). Legalization of review is not the best product of the new CPC and it does not simplify the investigation, but rather complicate and interfere with the work of investigators. It is proposed to improve the procedure for review of housing and other property and to allow to the investigator to commit this investigative action without court decree but based on voluntary written consent of the holder or without voluntary consent in emergency cases expressly provided by law. The author found that the complexity of a review home or other property is associated with the concepts of «home or other ownership», «urgent cases». Stipulating that if the ownership is clearly defined limits, the investigator will find out whose is the possession and obtain the consent of the holder or permit a court to review, otherwise it has the right to inspect without the permission of the court, it is impossible to establish quickly the holder and possession limits in the place inspection.
Authors and Affiliations
О. С. Коробка
Keywords
Related Articles
- EP ID EP477387
- DOI -
- Views 78
- Downloads 0
THE CONCEPT, STRUCTURE, LEGAL PERSONALITY AND PRINCIPLES CONSTITUTIONAL AND LEGAL STATUS OF THE CHURCH IN UKRAINE
State under the legislation recognizes the legal personality of a church, giving its constitutional and legal status and describing her position in society relative to other entities. Question about constitutional and le...
THE IMPORTANCE OF STATE PATRIOTISM IN THE FORMATION OF THE UKRAINIAN NATIONAL IDEA
The article investigates the question of the essence of state patriotism as a value in the process of formation of the Ukrainian national idea. Lighting of the problems associated with the need to study the question of u...
INTERNATIONAL STANDARDS CONCERNING THE RIGHTS OF CONVICTED PERSONS TO PERSONAL SECURITY
The article analyzes international legal acts and views of scientists, which are related to personal security of prisoners, and problems associated with such rights. The author came to the conclusion that the actual cond...
EMPLOYMENT OR USE OF A FIREARM BY NATIONAL POLICE OFFICERS AS A GUARANTEE OF PERSONAL SECURITY
At present, in the conditions of conducting in our country an antiterrorist operation that destabilizes economic and political development in the country, has led to an increase in crime, and also, given the large number...
RESEARCH OF SPECIFIC JUDICIAL PRACTICE IN THE CONTROL OF CUSTOMS VALUE
In article it is specified that according to official statistics on jurisprudence on the affairs connected with the appeal of decisions of bodies of the income and collecting, most often (about 60% of all affairs) the di...