PLACE PRE-TRIAL INVESTIGATION SECRETS, AMONG OTHER SECRETS PROTECTED BY LAW ON CRIMINAL RESPONSIBILITY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue
Abstract
At present the protection of state information containing different kinds of secrets in criminal proceedings, is a necessary component of justice. One of these secrets in legal science is the secret of pre-trial investigation. Due to the fact that disclosure of such information can negatively influence the comprehensiveness, integrity and objectivity of all the pre-trial investigation, it may contribute to the committing of unfair justice. In its turn, the institute of secrecy of pre-trial investigation is poorly explored at present time. It’s given a negligible role at theoretical and legislative levels. In particular, any regulatory legal act is provided with a definition of this type of secret. Scientists also can’t agree on this definition. Absence of a single classification of information resources with limited access as a secret is a significant problem of pre-trial investigation secrecy separation among the other types of secrets. This article is devoted to the stated above problematic issues. The points of view of domestic and foreign scientists as to the secret of pre-trial investigation and legal nature definition have also been considered and analyzed in this article. The author has made an attempt to give her own definition of pre-trial investigation secrecy and to define its place among the other secrets being protected by criminal law. In its turn, the features of pre-trial investigation secrecy have been highlighted. It has also been paid much attention to the reasons of access limiting to the information received during pre-trial investigation (the secret of pre-trial investigation).
Authors and Affiliations
Н. І. Полонова
Keywords
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