Problems of the formation of separate criminalistic methods for trial
Journal Title: Наукові праці Національного університету «Одеська юридична академія» - Year 2017, Vol 19, Issue
Abstract
There are considered main tendencies of development of criminalistic methodology on going to scientific provision of judicial stages of criminal proceedings. There is established pluralism of opinions about methodical and criminalistic recommendations for trial. That fact affects adversely the possibilities of differentiation of the relevant private criminalistic methods, their structure and content. The author grounds pointlessness of forming of separate methods of judicial consideration of criminal cases in the conditions of adversarial proceedings because of the limited activity of the court in collecting evidence. Therefore, in this field, the author suggested to be confined to tactical recommendations for conducting procedural actions. As for the parties of criminal proceedings, it seems reasonable to create methodological recommendations for the maintenance of public prosecution in court in the structure of individual investigative methods, for which it is necessary to expand the scope of application. In turn, the methods for the implementation of professional defense against criminal charges for various categories of crimes are proposed to be developed taking into account both pre-trial and judicial stages of criminal proceedings. The author underlines the perspectives of development and practical testing of trial examples of criminalistic methodological recommendations focused on judicial proceedings on certain types and groups of crimes
Authors and Affiliations
Р. Л. Степанюк
Keywords
Related Articles
- EP ID EP445957
- DOI -
- Views 107
- Downloads 0
Improvement of the constitutional status of judges – a key element of the judicial reform in Ukraine
On the basis of the Law of Ukraine No.1401-VIII dated June 2, 2016 «On Amendments to the Constitution of Ukraine (on justice)», the major changes in the constitutional status of judges of general jurisdiction courts in...
Connection between law and power as a problem of antique philosophy
The article analyzes the medieval views on origin, interaction and interdependence of law and policy. Author shows the key areas of medieval scholasticism dynamics in the analysis of this problem since the origin of Ch...
Decisions of the European Court of Human Rights on non-governmental organizations: lessons for political parties
In the article, the author draws attention to the fact that in 2008 the European Court of Human Rights decision in the Mr. Koretsky and others vs Ukraine case was adopted. This decision has traditionally been analyzed as...
Genesis of the Historical and Legal School of the National University «Odessa Law Academy»
The article is devoted to the study of the genesis of the historical and legal school of the National University «Odessa Law Academy». The main stages of the development of this school are considered. The focus is on res...
Global civil society, democracy and the principles of justice.
The article is devoted to the clarification of the principles of legal proceedings, through which the ECHR defends the ideas of democracy. It is substantiated that global civil society promotes the spread of democratic v...