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
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