MODELS OF JUDICIAL CONTROL OVER PRE-TRIAL INVESTIGATION UNDER LEGISLATION OF FOREIGN STATES
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
The article deals with the legal regulation of judicial control over pre-trial investigation institute under legislation of foreign states. It is stressed that judicial control institute is considered to be one of the most burning issues within the contemporary criminal procedure science in Ukraine. Such importance of the judicial control issues is reasonable, as far as legal scholars and practitioners think that judicial control will ensure the legitimacy of the pre-trial investigation, protection of rights and lawful interests of its subjects, as well as their quick and effective renewal in case of breaking. It is stated that special judges who conducted pre-trial investigation and then considered and decided the case on its merits acted on Ukrainian territories under the Austrian rule. It is substantiated that such criminal procedure subjects differ from the investigating judges in Ukraine nowadays. Considering world traditions of judicial control have rich history, the experience of judicial control legal regulation in Germany, Belgium, Georgia, Italy and other states is analyzed. The conclusion is reached that according to the procedural purpose of judicial control institute its models can be conditionally divided into two types. The first type includes the models according to which judicial power subject is factually vested with the functions characteristic of investigator and prosecutor and conducts the pre-trial investigation, approving the measures which restrict the constitutional rights of persons, and then influences the determination of investigation completion moment and the perspectives of criminal proceedings. The second type comprises the models according to which judicial power subject does not conduct the pre-trial investigation, acts on the basis of the other subjects’ motions, solves only the issues concerning the compliance of the criminal procedure subjects rights.
Authors and Affiliations
Д. Є. Крикливець
Keywords
Related Articles
- EP ID EP473758
- DOI -
- Views 62
- Downloads 0
CONTENTS AND CUTS OF INTERESTING THE RIGHT AS A COMPOSITION LEGAL DISCUSSION
The article is devoted to the analysis of approaches to the content and origins of the interpretation of the law and the relevance of the interpretation of law in the present. The values of the interpretation of norms ar...
FEATURES OF CONSIDERATION OF LABOR DISPUTES IN THE ORDER OF DIVERSITY
In accordance with the requirements of the current labor legislation of Ukraine, labor disputes of judges, prosecutors and investigators, as well as employees of educational, scientific and other institutions of the pros...
TO THE QUESTION OF THE PROCEDURE FOR THE CREATION OF PRINTED MASS MEDIA
The scientific article is devoted to the study of legal structures for the establishment and maintenance of the activities of printed media organizations. It is established that only editors or other institutions with th...
DEBTOR’S RELEASE FROM LIABILITY IN THE CASE OF IMPOSSIBILITY OF PERFORMANCE OF THE CONTRACTUAL OBLIGATION
The article describes the general provisions about the grounds for release from liability for the breach of obligations in the civil law of Ukraine, in particular, the concept and the grounds for the release from liabili...
DISMISSAL FOR BREACH OF JURATION OF A JUDGE (ESSENTIALLY COMMITTING DISCIPLINARY OFFENCES)
The article is devoted to coverage of one of the urgent problems that arose in practice review in administrative proceedings of the High Council of Justice decisions on making representations the dismissal of judges from...