THE RULE OF LAW IN THE APPLICATION OF THE INSTITUTE INQUIRY REGARDING CRIMINAL OFFENCES
Journal Title: «Приватне та публічне право» - Year 2018, Vol 4, Issue
Abstract
In the article are the main problems of the rule of law in the application of the latest Institute of inquiry while exercising pretrial proceedings for criminal misconduct. Analyzed the status of the Inquirer, the innovations of evidence rights and procedural forms of activity inquest on compiling and research evidence showing emerging conflicts of legal norms and the problems and ways of their elimination. In view of the extension of the procedure of obtaining evidence and means of criminal proceedings, including the use of coercive measures, the question of conformity of such novels the constitutional principles of Justice and international legal norms acts and European standards in the field of criminal proceedings The formation of the Institute of criminal misconduct took place without the necessary for a democratic society large-scale decriminalization criminal acts which created would be able to save criminal repression and law enforcement costs. More widespread introduction of the investigatory and judicial practice of the Institute of criminal misconduct and procedures of inquiry requires the provision of a clear legal certainty. Novelties concerning the fundamental principles of criminal law, and thus in need of development as the newest criminal-law doctrine, and the drafting of the new Criminal Code of Ukraine.
Authors and Affiliations
О. В. САЧКО
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