INVESTIGATOR’S PREVENTIVE ACTIVITY DURING PRE-TRIAL INVESGATION AS A WAY OF IMPROVMENT OF CRIMINAL PROCEDURE LEGISLATION
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
The author of the article researched the general directions of preventive activity of the investigator during pre-trial investigation. The relevance of the research topic is justified by the presence of gaps in the national criminal procedural law regulating the implementation of preventive activities of the investigating of the pre-trial investigation of the National Police of Ukraine during the investigation into criminal proceedings. It is noted that according to the provisions of Art. 23 of the Law of Ukraine “On National Police” one of the main responsibilities of police officers is the task of carrying out preventive activities aimed at preventing offenses, as well as identifying the causes and conditions conducive to the commission of criminal and administrative offenses, to use, within their competence, measures for eliminate them. At the same time, in the “Regulations on the bodies of pre-trial investigation of the National Police of Ukraine”, approved by the Order of the Ministry of Internal Affairs of Ukraine of 06.07.2017, № 577 “On the organization of the activities of the bodies of pre-trial investigation of the National Police of Ukraine”, it was stated that one of the tasks of the pre-trial investigation bodies is to identify the causes and the conditions conducive to the commission of criminal offenses, and the use of measures to eliminate them through the appropriate authorities. The analysis of the views of the scholars of proceduralists on the above-mentioned questions, and their suggestions on the necessity to include the reasons and conditions that contributed to the commission of criminal offenses, to the circumstances, which according to Art. 91 Criminal Procedure Code of Ukraine are subject to proof in criminal proceedings. This need should promote not only the further intensification of the preventive activities of the investigator, the prosecutor, but also the strengthening of the rule of law and law in the state. Attention is drawn to the fact that due to the lack of a separate rule in the provisions of the current Criminal Procedure Code of Ukraine on the obligation of the prosecution to prove the reasons and conditions that contributed to the commission of a criminal offense, there was a problem with the implementation of Part 1 of Art. 1 of the Criminal Code of Ukraine, according to which one of the main tasks is to prevent crime. The comparison of the provisions of the current Criminal Procedural Code of Ukraine with the Criminal Procedure Code of Ukraine in 1960 on the question of the form of prevention of a criminal offense has been formulated. The issue of amending the current criminal procedural legislation of Ukraine has been formulated.
Authors and Affiliations
О. О. Кочура, Р. М. Балац
Keywords
Related Articles
- EP ID EP660424
- DOI -
- Views 50
- Downloads 0
DIFFERENTIATION OF LEGAL REGULATION OF LABOR RELATIONS WITH THE PARTICIPATION OF SAILORS IN INTERNATIONAL LABOR STANDARDS
It was confirmed that the importance of a comparative study of international and national labor standards is relevant at any stage of the development of society. The article defines that international labor standards are...
LEGAL REGULATION OF BUSINESS ATTITUDE TO IMPLEMENT THE SUSTAINABLE DEVELOPMENT GOALS: EXTERNAL EXPERIENCE AND RECOMMENDATIONS FOR UKRAINE
In the scientific article, the author reviewed legal basis for involvement businesses to the implementation of the Sustainable Development Goals. The author analyzed foreign experience of implementing the Sustainable Dev...
CONCEPT AND FEATURES OF ADMINISTRATIVE-LEGAL REGIMES OF RESTRICTIVE DIRECTION
In this scientific article the concepts and peculiarities of the administrative-legal regimes of restrictive direction are disclosed. It is determined that the administrative-legal regime is a set of legal means based on...
THE PARTICIPATION OF THE CHAIRMAN OF THE PEOPLE’S COUNCIL IGOR YUKHNOVSKY IN THE ADOPTION OF THE DECLARATION ON THE STATE SOVEREIGNTY OF UKRAINE
In the article, based on the analysis of verbatim meetings of the Verkhovna Rada of the Ukrainian SSR, the personal contribution of the leader of the opposition bloc called People’s Council and Academician Igor Yukhnovsk...
TOPICAL ISSUES OF ENSURING THAT THE INVESTIGATING JUDGE INVESTIGATES COMPLAINTS DURING A PRE-TRIAL INVESTIGATION WITH THE PARTICIPATION OF DETAINED PERSONS OR DETAINED PERSONS
The issue of ensuring the participation of detained persons or persons held in custody during a consideration by an investigating judge of their complaint about the decision, action or omission of the investigator, the p...