RESTORATION OF CRIMINAL PRODUCTION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
The article deals with the legal grounds for restoration of suspended criminal proceedings. It is proved that stopping of criminal proceedings and their subsequent restoration is not a stage of criminal proceedings. On the basis of the analysis of the theoretical positions and features of investigative and judicial practice, the main aspects of decision-making on restoration of criminal proceedings, which was stopped, are considered. At the same time, the question was resolved whether the investigator, the prosecutor must take a decision to resume criminal proceedings following the consequences of the decision by the investigating judge to suspend the pre-trial investigation, whether such a procedural decision restoring criminal proceedings should be considered a decision of the investigating judge on the consideration of the complaint on decision, action or inaction of the investigator. As a result of the research, author’s definitions of «stopping and restoring criminal proceedings», «restoration of suspended criminal proceedings as a subinstitute», «restoration of suspended criminal proceedings, as an act of procedural and legal activity of a court, an investigator and/or a public prosecutor» are proposed.
Authors and Affiliations
Н. Я Отчак, Н. В Маліцька
Keywords
Related Articles
- EP ID EP480039
- DOI -
- Views 56
- Downloads 0
THE PRACTICE OF APPLICATION INVESTIGATORS AND PUBLIC PROSECUTORS OF POSITIONS OF THE CODE OF CRIMINAL PROCEDURE OF UKRAINE IN RELATION TO INITIATION AND REALIZATION OF THE SPECIAL PRE-TRIAL INVESTIGATION
In the article separate organizational and legal questions are reflected in relation to introduction and practical realization in the criminal process of Ukraine of procedure of the special pre-trial investigation as a s...
STATE AND TERRITORIAL COMMUNITIES AS MAIN ACTORS OF THE STATE FINANCING ACTIVITIES
This article is devoted to one of the topical issues of finance on the participation of the state and local communities in the implementation of the financial activities of the state. More deals authorities of the three...
INFLUENCE PRACTICE OF EUROPEAN COURT OF HUMAN RIGHTS ON ACTIVITY OF ORGANS THAT APPLY A RIGHT IN UKRAINE
In this article author investigated a question about the value of practice of European Court of Human Rights for organs that carry out activity in relation to application of right in Ukraine, and also investigated the as...
SUBJECTIVE FEATURES OF DISCLOSURE OF DATA OF OPERATIONAL-SEARCH ACTIVITY OF THE PRE-TRIAL INVESTIGATION
The article is devoted to the study of the signs of the subjective aspect of the disclosure of data of operational and investigative activities, pre-trial investigation. The author points to the inextricable connection o...
RНЕTORICAL SKILLS OF THE PARTICIPANTS IN THE TRIAL
Proceedings are implemented through the systematic communication of professional lawyers and people involved in the judicial process. This communication is regulated, and each party to the trial has the opportunity to ap...