Criminal Procedure Problems of Criminalistics
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 2, Issue
Abstract
The article deals with some current problems of the criminal process and criminalistics, which were updated during the application of the provisions of the current Code of Criminal Procedure (2012) and developed proposals to address them in criminal proceedings. Exploring the deep methodological and substantive due criminal process and criminalistics, noted that they are not of the nature of subordination. Simplifying somewhat, with respect to the investigation of crimes, it is permissible to assume that criminal proceedings determines the main directions and forms and fills them with criminalistics cognitive content (means of knowledge) – methodology of knowledge, techniques, tactical methods, technical means. This simplified view does not reflect the depth of interpenetration of these disciplines, but it can be taken as a working hypothesis for our further research. The adoption in 2012 of a new Criminal Procedure Code (CPC) there is an urgent need, which included and required a radical systemic reformation (change, not upgrading) of the entire criminal justice system, corresponding to the modern stage of development of the country and to ensure the effective protection of citizens, society and the state from the most dangerous attacks on social values, rights and interests of the person. The new philosophy of the CCP demanded systemic changes in the established order of investigation of crimes that would fully meet the objectives of criminal proceedings (Art. 2 of the CCP). All this has set the criminal process sciences and criminalistics new challenges, many of which, unfortunately, are still at the discussion stage. Thus, according to the Criminal Procedure Code, the -2012 changed the approach to the investigation of crimes – it does not provide for the need to adopt a formal act of a criminal case. Pretrial investigation of the crime begins with the moment of entering information about a criminal offense in the Unified Register of pre-trial investigations (art. 214 CCP). As such, the initial stage of pre-trial investigation is fundamentally new in Ukrainian legal system. He, according to the CCP developers humanizes pre-trial investigation, criminal proceedings simplifies and accelerates the process of investigation. But, in practice, as soon as there is a question how to deal with false statements about the crime, human rights, in respect of which an investigation on false charges and have already applied operational-search activities, etc. Therefore, the author draws on a comparative analysis of the rules governing the procedure for the start of pre-trial investigation, provided the applicable requirements of the Criminal Procedure Code and Art. 97, 98 Code of Criminal Procedure 1960, to initiate criminal proceedings by making a corresponding ruling. Based on the opinions of a number of scientists (Zelenetskii VS Loboyko LN, Moldovan AV Tertishnikov VM) concludes that previously designated the CPC -1960, the procedure is the beginning of criminal proceedings is more flexible and convenient for all persons (parties) involved in criminal proceedings.
Authors and Affiliations
В. Г. Лукашевич
Keywords
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