INVESTIGATION OF CRIMINAL LEGAL PROBLEMS AGAINST STATE FREEDOM AND STATE INDEPENDENCE OF A PERSON: PROBLEM-DISCUSSION ASPECTS OF EXAMINATION
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 62, Issue 1
Abstract
Problem’s setting. The Constitution of Ukraine proclaims man, his life and health, honor and dignity, inviolability and security of the highest social value. In accordance with the cited legal provisions, providing sexual freedom and sexual integrity of a person is a subject of great attention from the government for damage caused by such criminal offenses for the person directly, and a number of public relations and social values. Comprehensive, objective, timely and qualitative pre-trial investigation on the facts of criminal offenses against sexual freedom and sexual integrity, the execution of tasks of criminal proceedings, provided for in Art. 2 of the Criminal Procedure Code of Ukraine (hereinafter — CPC) is impossible without a professionally and well-built process of proof. Inquiries of criminal offense circumstances and the person having committed it, the proof of guilt is made by means of the CPC provided in the course of the investigative (search) actions. Verification of a person is a specific investigative (search) action, conduct of which requires not only perfect legislative regulation, but also the use of a number of tactical techniques for achieving the goals of its implementation, taking into account the peculiarity of its essence and the subject direction of the investigator’s, the prosecutor’s actions. Analysis of recent studies and publications. The criminal procedural and forensic aspects of the conduct the verification of a person during the pre-trial investigation were reflected in works of legal scholars. At the same time, there is a need for a more detailed examination of the issue of procedural regulation and tactical features of conducting the verification of a person, in the context of the current realities and needs of forensic practice. The aim of this article is to highlight the problem-discussion matters on criminal procedural regulation and tactical features of the verification of a person during the preliminary investigation of criminal offenses against sexual freedom and sexual integrity of a person. The article analyzes and generalizes scientific research and forensic practice to conduct presentation for verification of a person during the preliminary investigation of criminal offenses against sexual freedom and sexual integrity of a person. Considerable potential of information and presentation of evidence for person’s verification has been argued. Detailed analysis of article 241 CPC of Ukraine has been done and a number of problem-controversial issues of legislative regulation of verification of a person have been determined. In particular, it is critically evaluated the legislator’s recognition of a doctor as a subject of conducting the verification of a person. It is emphasized the controversial condition for carrying out the verification of a person: "if it does not require a forensic expertise". It is analyzed the peculiarities of the tactics of verification of a person it is formulated the proposals for its improvement. It is determined that the verification of a person is a unique investigative (search) action, respectively the investigator and the prosecutor faces the task of conducting it in a procedurally and tactically correctly for the first time, because the repetition, even it is prescribed by the legislator, but it may be impossible to have a significant time interval between the event and the time of verification of a person.
Authors and Affiliations
Elena Volobueva
Keywords
Related Articles
- EP ID EP361516
- DOI -
- Views 68
- Downloads 0
LEGAL FRAMEWORK FOR RELIGIOUS FREEDOM: INTERNATIONAL AND NATIONAL EXPERIENCE
The article analyzes the international and national legislation of Ukraine and other states, which regulates religious freedom. It is applied methods of comparative legal analysis, doctrinal analysis and other methods th...
APPROACHES TO COMPARATIVE LEGAL INVESTIGATION RELATING TO CRIMINAL LIABILITY IN RELATIONSHIP WITH PERFORMANCE CAPABILITIES
The article is summarizing the approaches to the choice of the comparative and juristic method as a key one in the researches of the criminal law problems, the relief from criminal responsibility institution in particula...
PROBLEMS OF THE LAST RELIGIOUS CURRENTS AND ADMINISTRATIVE – LEGAL REGULATION OF TO RELIGIOUS EXTREMISM IN THE AZERBAIJAN REPUBLIC
Security is essential for every member of society, sometimes becomes the object of attacks of negative symptoms. Naturally, the public and national security is ensured not by itself, and the relevant activities of public...
SOME ASPECTS OF IMMUNITY REGULATION PRESIDENT OF UKRAINE
The article examines the regulatory settlement of domestic legislation immunity of the President of Ukraine. Studied some legal criteria applying impeachment of the President. The emphasis on the specifics of legislative...
LEGAL AND ORGANIZATIONAL FOUNDATIONS OF THE FUNCTIONING OF NATIONAL LAW ENFORCEMENT BODIES DURING THE PERIOD OF THE UKRAINIAN REVOLUTION 1917–1921
In the article it is considered the issues of legal and organizational support concerning establishment of law enforcement agencies, their activities to protect public order, the fight against crime during the Ukrainian...