SOME ASPECTS OF APPLYING OF PLEDGE AS A PREVENTIVE MEASURE (BASED ON MATERIALS OF JUDICIAL PRACTICE)
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
This article analyzes practical problems of applying of pledge as a preventive measure in criminal procedure. The existing rules of applying of pledge do not fully meet the goals of the criminal procedure such as ensuring rights and freedoms and legitimate interests of a person. Thus some laws which stipulate the rules of use of a pledge as a preventive measure in criminal procedure and the rules of its appeal should be changed. The Criminal Procedure Code of Ukraine established the pledge both as an independent preventive measure in criminal procedure and as an alternative to custody. Depending on that there are different opportunities to appeal the pledge. Lack of opportunity to appeal the pledge as an independent preventive measure in criminal procedure does not allow appealing obviously unreasonable scale of pledge. We believe that it is necessary to provide the right to appeal the use of this preventive measure in criminal procedure law. It will guarantee the respect of rights, freedoms and legitimate interests of a person in criminal procedure. The right to appeal the use of pledge as an alternative to custody is not established by the law as well. But judicial practice shows that the courts of appeal accept the appeals against the use of custody as a preventive measure in criminal procedure. However the subject of appeal in these cases is a pledge as an alternative to custody.
Authors and Affiliations
О. І. Тищенко
Keywords
Related Articles
- EP ID EP470189
- DOI -
- Views 124
- Downloads 0
UKRAINIAN POLICE REFORM: THE AMERICAN EXPERIENCE
The article analyzes the condition of the police reform in Ukraine as of this publication. The author analyzes the similar provisions of the statute in the US and other countries, as well as its positive and negative sid...
THE MEDIATION SCREENING CRITERIA OF LAND USE DISPUTES
This article is dedicated to the question of the mediation screening criteria of land use disputes. The authors analyze certain factors that promote «association» of certain categories of land cases for the possibility o...
FEATURE OF QUALIFICATION OF VIOLATIONS OF FISHING RULES
The article reveals the topic of violations of the rules for catching fish in Ukraine. This topic is relevant. These studies make it possible to correctly qualify the actions in the sphere of violations of the rules of f...
THE RESPONSIBILITY OF THE JUVENILE BY ADMINISTRATIVE LEGISLATION: PROBLEMS AND PROSPECTS
The article is dedicated to the specific features of the juvenile administrative responsibility. The notion of the juvenile administrative responsibility is considered, the measures of influence are researched which are...
THE LEGAL MODE OF USING OF THE EARTH IN UKRAINE IN THE PERIOD OF NEP
In this article has been made an attempt of general description of legal mode of the earth using in Ukraine in the period of New Economic Policy (NEP) and the attempt to set for what group of population this order had a...