Prejudicial inquiry: is it a processual function of investigator or kind of cognitive activity?
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2017, Vol 30, Issue 2
Abstract
In the article deals with the question of the legality of assigning a pre-trial investigation to the criminal procedural functions of the investigator. The additional arguments put forward earlier in the criminal proceedings of science in favor of the fact that pre-trial investigation is not a procedural function of the investigator, but a way to clarify the circumstances of a criminal offense in a special procedural form are given. The investigation should also be considered as a form of government activity.
Authors and Affiliations
М. С. Цуцкірідзе
Doctrine of the rule of law and improvement of institutes of criminal process
This article analyzes the conceptual problems of the legal definition of the rule of law, taking into account European standards Ta constitutional norms, and on this basis, the conceptual models of criminal procedural pr...
State’s jurisdiction over the offence of enforced disappearance
Circumstances under which State parties shall establish their competence to exercise jurisdiction over offenses of enforced disappearance are specified. The article analyzes the introduction of a mandatory quasi-universa...
Trends of digitalization and virtualization as a vector of the contemporary development of the world economy
In the article the concepts of "digitization", "digitalization" and "virtualization", which are initial for the concept of digital transformation of the economy, are considered. Based on the analysis of the opinions of d...
The concept and legal nature of compulsory state social insurance in case of temporary disability
This article explores the concept and legal nature of compulsory state social insurance in case of temporary disability. It has been singled out and analyzed the set of essential features of legal relations that have bee...
Creation of a danger to life, health of people, or the environment as a result of pollution or damage of lands
The article analyzes such a socially dangerous consequence of the crime provided for in Part 1 of Art. 239 of the Criminal Code of Ukraine “Pollution or damage to lands” as creating a real danger of causing harm. It is p...