PERSONAL OBLIGATION: PROCEDURAL CHARACTERISTICS AND PRACTICE OF APPLICATION
Journal Title: Вісник Національної академії правових наук України - Year 2018, Vol 1, Issue 2
Abstract
The author of the article has researched the procedural nature of such a preventive measure as a personal obligation and has specified the peculiarities of its application during the criminal proceedings. It has been indicated that this is the most mild preventive measures provided by the Criminal Procedural Code of Ukraine, which procedural essence is to impose on a suspect, accused of certain duties determined by an investigating judge, court. Personal obligation, as well as other preventive measures, have such features as coercion and prevention. It has been emphasized that the necessity of applying the practice of the ECHR during the criminal proceedings, and in particular its conclusions, contained in the decision on the case of «Koty v. Ukraine», indicate on the need to revise the legislative provisions regarding the possibility of appeal in the pre-trial investigation of preventive measures, including the most mild. In this regard, the author has suggested to amend the current Criminal Procedural Code of Ukraine and provide the possibility to appeal the usage of all preventive measures during the pre-trial investigation.
Authors and Affiliations
Tetiana Fomina
Keywords
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- EP ID EP493505
- DOI 10.31359/1993-0909-2018-25-2-41
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