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Institutional role of the prosecutor's office in preventing and combating corruption in the National Anti-Corruption Bureau of Ukraine: delimitation of powers and ways to improve t...
Published 2021-12-01“…In order to ensure the effective functioning of the SAP, in particular on the prevention and combating of corruption in NABU, the author's version of Section 3 of the Regulation on the Specialized Anti-Corruption Prosecutor's Office of the Prosecutor General's Office has been proposed.…”
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Change of jurisdiction by the prosecutor: problems of law enforcement
Published 2022-06-01“…It has been recognized that in the conditions of martial law, each body of pre-trial investigation is universal through the prism of the institution of accountability, since pre-trial investigation can be carried out in any criminal offense by the decision of the authorized prosecutor. The general conditions for the prosecutor to make a decision on the change of jurisdiction have been highlighted: the authorized subject; form of procedural decision; the subject of a procedural decision; legal grounds. …”
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The Current Status of Administrative and Legal Regulation of the Activities of Specially Authorized Entities in the Field of Combating Corruption in Ukraine
Published 2020-09-01“…Thus, this norm will look like this: “the system of agencies of prosecutor’s offices will consist of: 1) Attorney General’s Office; 2) prosecutor’s offices in oblasts; 3) regional prosecutor’s offices; 4) Specialized Anti-Corruption Prosecutor’s Office. …”
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Functional component of the criminal procedural status of the Prosecutor's Office Head
Published 2024-06-01“…Based on the analysis of the Criminal Procedure Code of Ukraine provisions which vest the head of a prosecution body with procedural powers, the article establishes that some of these functions are exercised by the head of a prosecution body depending on his/her specific position (Prosecutor General, head of a regional prosecution office, etc.). …”
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Some issues of prosecutor’s participation in proceedings on administrative offences: based on the European Court of Human Rights case law
Published 2023-07-01“…Therefore, under the new Ukrainian constitutional legal order, the prosecutor’s office as an institution performing the function of criminal prosecution is structurally integrated into the general system of justice. …”
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Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to C...
Published 2020-09-01“…The author of the article provides a retrospective analysis of the provisions of legislative acts of Ukraine, decisions of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as some national criminal procedural legislation and departmental regulations on legal grounds for procedural activities and interaction of operative units to execute written instructions of interrogators, investigators, prosecutors on investigative (search) actions and secret investigative (search) actions. …”
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Legislative amendments regarding criminal proceedings under martial law
Published 2022-06-01“…This statement has been made as a result of a systematic analysis of the Criminal Procedure Code of Ukraine, in particular, it was found that changes and additions were made not only to Section IX-1 “Special regime of pre-trial investigation, trial under martial law conditions”, but also to other general provisions of the Criminal Procedure Code of Ukraine. …”
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Organizational and legal principles of the State Bureau of Investigation activity in the system of law enforcement agencies of Ukraine
Published 2022-06-01“…It has been emphasized that the main ones are solving the tasks of prevention, detection, termination, disclosure and investigation of crimes committed by officials who occupy a particularly responsible position; crimes committed by NABU officials, the Deputy Prosecutor General - head of the Specialized Anti-Corruption Prosecutor's Office or other prosecutors of the Specialized Anti-Corruption Prosecutor's Office; crimes against the established order of military service.…”
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Peculiarities of initiating a pre-trial investigation on domestic violence (Article 126-1 of the Criminal Code of Ukraine)
Published 2022-12-01“…It has been identified and analyzed the peculiarities of initiating a pre-trial investigation on domestic violence, in particular: firstly, domestic violence (Article 126-1 of the Criminal Code of Ukraine) is classified as a criminal proceeding carried out in the form of private prosecution, and therefore it is initiated at the request of the victim; secondly, when an investigator, interrogator or prosecutor enters information about a criminal offense into the Unified Register of Pre-trial Investigations under Article 126-1 of the Criminal Code of Ukraine, there must be information about repeated (three or more times) bringing the offender to administrative responsibility under Article 173-2 of the Code of Ukraine on Administrative Offenses or about committing systematic actions related to domestic violence. …”
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General Requirements for Secret Investigative (Search) Actions: Procedural Characteristics
Published 2020-09-01“…A comprehensive study of the provisions of the Criminal Procedural Code of Ukraine, which regulate the general requirements for secret investigative (search) actions, has been carried out. …”
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General principles of combating corruption in the countries of the Visegrad Four: the experience of the Czech Republic
Published 2022-12-01“…The first group includes the Police of the Czech Republic, the General Inspectorate of Security Forces, the Prosecutor's Office of the Czech Republic, and the Financial and Analytical Unit of the Ministry of Finance. …”
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About subjects authorized to carry out investigative (search) actions restricting the invalidity of the housing or other personal ownership
Published 2021-12-01“…Emphasis is placed on the fact that the form of domestic criminal proceedings enshrined in the current Criminal Procedure Code of Ukraine, built on the basis of constitutional principles of adversarial proceedings and equality of arms, has necessitated the introduction of delimitation of such concepts as "subjects of investigative (search) actions that limit the inviolability of the housing or other property of a person" from the general concept of "participants in investigative (search) actions" in order to prevent any violations of the constitutional rights of all participants in criminal proceedings by the authorities of criminal proceedings. …”
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Forensic Support of Pre-Trial Investigative and Inquiry Agencies’ Activities on Combating Crime
Published 2021-09-01“…It has been stated that today’s theoretical and applied problems of criminalistics are subject to careful study, it is necessary to introduce radical changes in general and in some areas, which requires its consolidation in the current legislation, with further reform of law enforcement agencies, expert institutions, prosecutor’s office and courts, as well as in law enforcement activity, which introduces modern advances of science and technology, including artificial intelligence and modern advances in chemistry, including molecular one, as well as physics, cybernetics, technologies for the manufacture of new metals, their alloys and innovation in other areas of knowledge. …”
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Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal Proceedings
Published 2021-03-01“…The author has analyzed international and legal acts, national criminal, criminal procedural and civil legislation, law-enforcement and court practice generalized by the Supreme Court of Ukraine concerning the legal bases and procedural duty of guaranteeing the civil claim to the victim within criminal proceedings by the interrogator, investigator and prosecutor, when the victim suffered material and moral damage caused by the crime and misdemeanor. …”
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Concept and Classification of Covert Embezzlement of the Property of Another
Published 2021-07-01“…The statistical data for 2020 provided by the Office of the Prosecutor General regarding registered thefts on the territory of Ukraine have been analyzed. …”
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Definition and content of the concept of transparency of criminal justice
Published 2022-09-01“…In this regard, it has been proposed to supplement Part 2 of Article 27 of the CPC of Ukraine with paragraph 6 as follows: “When the investigating judge considers the petitions of the investigator, agreed with the prosecutor, or the prosecutor to conduct covert investigative (search) actions, temporary access to things and documents (if there is a real threat of alteration or destruction of things or documents), as well as in case of need to ensure the seizure of property”; 3) the fact that the legislator, when setting out paragraph 1 of Part 2 of Article 27 of the CPC of Ukraine had not taken into account the fact that at the stage of pre-trial investigation the circumstances concerning the minor are also subject to consideration by the court, i.e. the investigating judge. …”
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Changes in the legal regulation of criminal proceedings under martial law
Published 2023-06-01“…However, the analysis of the Criminal Procedure Code of Ukraine shows that some of the innovations are generally positive, but certain aspects of legal regulation may raise doubts and concerns, and are quite controversial and controversial. …”
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Use of knowingly false information by criminal proceedings participants
Published 2022-12-01“…The Criminal Procedure Code of Ukraine and by-laws regulating the activities of law enforcement agencies indirectly provide for the use of false information by representatives of the prosecution (investigator, prosecutor, operational units) to perform the tasks of criminal proceedings. …”
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Computer data examination: the essence and procedural order
Published 2023-10-01“…The author emphasises that the procedural order of the analysed procedural action is regulated by Articles 104, 105, 223, 237 of the CPC of Ukraine, as well as the requirements for collection and verification of evidence (Chapter 4 of the CPC of Ukraine), the principles of criminal proceedings (Chapter 2 of the CPC of Ukraine) and other general provisions of criminal procedural legislation. …”
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