INVESTIGATING JUDGE AS A LEGALITY GUARANTOR IN APPLYING CRIMINAL PRODEDURE ENSURING MEASURES AT THE PRE-TRIAL INCESTIGATION STAGE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article discusses the issues of provision by the investigating judge the legality by application of criminal proceedings ensuring measures at the pre-trial investigation stage. Attention is paid to the function that performs the investigating judge in criminal proceedings, and the direction of improving judicial control over criminal proceedings under preliminary investigation. Author outlines the most common conflicts with which the investigating judges have to face in their practice. There are analyzed the main reasons complicating the provision by the investigating judge the legality of criminal proceedings ensuring measures application at the pre-trial investigation stage, suggested the ways of their solution. Also analyzed judicial practice of applying the investigating judges of first instance courts of procedural law in dealing with issues connected with the restriction of constitutional rights and freedoms during the preliminary investigation. This article deals with judicial practice of applying the investigating judges of first instance courts of procedural law in dealing with issues connected with the restriction of constitutional rights and freedoms during the preliminary investigation. Legality is one of the basic principles of criminal proceedings, the implementation of which focused on implementation of tasks of criminal proceedings, and set to provide impartial and legitimate procedural decisions made by subjects of criminal proceedings, protection of rights, freedoms and legal interests of participants of criminal proceedings. Implementation of judicial control over observance of the rights, freedoms and interests of individuals in criminal proceedings applicable Criminal procedural code of Ukraine entrusted to the investigating judge, which is the guarantor, in particular, by the authority to ensure application of the criminal proceedings ensuring measures.
Authors and Affiliations
А. Д. Малютін, Г. О. Усатий
Keywords
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