- Journal Issues
- № 1 2015 Problems of pre-trial investigation
- Problems of criminal procedure
- Measures of the criminal proceedings in the new criminal procedural law: the nature and classification
Measures of the criminal proceedings in the new criminal procedural law: the nature and classification
Review
Essence and types of criminal procedural coercion. Suggestions regarding the classification of measures to ensure the criminal proceedings and precautionary measures under the new Code of Ukraine. On the basis of the criminal procedural legislation of Ukraine, the United Kingdom and the United States the features of the application of criminal procedural coercion. Indicated that a significant problem for practitioners election procedure was neizolyatsiynyh precautions which are quite lengthy and time-consuming because of the need to request approval of the investigating prosecutor and investigating judge decision. According to the author, investigator unloading system should enable the investigator to choose the suspect personal commitment and personal security of the imposition of appropriate procedural obligations. To summarize the article, the author notes that the new Code of Ukraine provides for a range of measures of procedural coercion that can be applied to the suspect to ensure the effectiveness of the criminal proceedings. Thus, taking into account international bodies preliminary investigation and the courts in each case, careful approach to the selection of measures to ensure the criminal proceedings for the rigorous and strict observance of the rights and interests of both the injured party and the defense.
Keywords: criminal procedure coercion; measures to criminal proceedings; pre-trial investigation; reforming the criminal justice system; neizolyatsiyni precautions.