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Journal articles on the topic 'Criminal Procedural Code of Ukraine'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Hurtiieva, L. M. "Some proposals for improving the regulatory enforcement of the provisions of p. 3-1, part 1, art. 284 of the Criminal Procedural Code of Ukraine." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 459–64. http://dx.doi.org/10.24144/2788-6018.2023.04.74.

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The issues considered in the article correspond to such international and European standards of criminal justice as ensuring the right to an effective pre-trial investigation and the right to a fair trial, in terms of the legal certainty of the formulation of the circumstances provided in Clause 3-1 Part 1 of Art. 284 of the Criminal Procedural Code of Ukraine (one of the grounds for closing criminal proceedings by the court). A number of practical aspects of the application of Clause 3-1 Part 1 of Art. 284 of the Criminal Procedural Code of Ukraine of the criminal procedural college of Ukrain

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2

Shulha, Andriy. "ON DISCONSIBILITY OF CERTAIN NORMS OF CRIMINAL PROCEDURAL LEGISLATION AND COMPETITION REGARDING THE ADOPTION OF PROCEDURAL DECISIONS AS TO COVERT INVESTIGATIVE (SEARCHING) ACTIVITIES." Law Journal of Donbass 73, no. 4 (2020): 169–74. http://dx.doi.org/10.32366/2523-4269-2020-73-4-169-174.

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The article is devoted to the problems of inconsistency of certain norms of the current criminal procedural legislation of Ukraine, which regulate the adoption of procedural decisions by investigators, prosecutors and investigating judges regarding the covert investigative (searching) activities. Thus, according to the author, the part 3 of Article 246 of the Criminal Procedure Code of Ukraine prescribes that an investigator is obliged to notify the prosecutor about procedural decision to conduct covert investigative (searching) activities. At the same time, the part 2 of Article 272 of the Cr

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3

Borzhetska, N. L. "Procedural actions as a concept of ukrainian criminal proceedings." Uzhhorod National University Herald. Series: Law 3, no. 88 (2025): 196–203. https://doi.org/10.24144/2307-3322.2025.88.3.29.

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The article is devoted to clarifying the issue of subjects of procedural actions in criminal proceedings, the level of legislative regulation of their implementation, and the definition of the concept of “procedural actions” in the criminal procedure of Ukraine. The emphasis is on the fact that the criminal procedural law, using the concept of “procedural actions”, mainly (with some exceptions) connects them with the activities of the investigator, inquirer, prosecutor (in the cases established by the Criminal Procedural Code of Ukraine – also an officer of the criminal intelligence unit), inv

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4

Salmanov, O. V. "Perspectives for Reforming Criminal Procedural Legislation Regarding the Regulation of Investigative (Search) Actions Restricting the Inviolability of Housing or Other Personal Possession." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (2021): 254–62. http://dx.doi.org/10.32631/v.2021.3.23.

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The author of the article identifies the main directions of reforming the criminal procedural legislation on investigative (search) actions that restrict the inviolability of housing or other personal possession. In particular, the author emphasizes that it is necessary to offer: clarification of the content of the concept of "housing" and "other personal possession" stated in Part 2 of the Art. 233 of the Criminal Procedural Code of Ukraine; clear definition of the interpretation of the terms of "search of housing or other personal possession" and "inspection of housing or other persona

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5

Zahynei-Zabolotenko, Zoe. "Implementation of the Rules of the Institute of Application of Ciminal Law Measures to Legal Entities in Court Practice: Results of a 10-Year Marathon." Slovo of the National School of Judges of Ukraine, no. 1(46) (July 29, 2024): 137–48. http://dx.doi.org/10.37566/2707-6849-2024-1(46)-13.

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The article analyzes both criminal and criminal procedural legislation and court practice with regard to the application of criminal law measures against legal entities. The author establishes that at the regulatory level, the objective reason for the low efficiency of the rules on the application of such measures is, first of all, the dependence established by the criminal procedure legislation of Ukraine between the procedural fate of proceedings against a legal entity and criminal proceedings against an authorized person who committed a relevant criminal offense on behalf of and/or in the i

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Basysta, Iryna. "Collection of Procedural Expenses Due to Closing of Criminal Proceeding Based on Exemption of a Person from Criminal Liability: Specific Issues." NaUKMA Research Papers. Law, no. 9-10 (January 4, 2023): 18–25. http://dx.doi.org/10.18523/2617-2607.2022.9-10.18-25.

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In the currently effective Criminal Procedure Code of Ukraine, the issue of collection of procedural expenses is codified in a somewhat ambiguous form. So the scholars discuss whether the list provided in Article 118 of the Criminal Procedure Code of Ukraine is exhaustive, how “procedural” and “court” expenses should be construed, and whether a collection of procedural expenses in a criminal proceeding qualifies as a civil law action. It is not surprising that, in this situation, the judicial practice in the mentioned sphere of issues can vary significantly.The Grand Chamber of the Supreme Cou

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7

Plakhotnik, Oleh. "PROCEDURAL AUTHORITY OF THE COURT SECURITY SERVICE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 125 (2023): 65–73. http://dx.doi.org/10.17721/1728-2195/2023/1.125-12.

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The tasks, powers, rights and duties of the Court Security Service are defined in the paper. The article inspected the following: The norms of the Law of Ukraine "On the Judiciary and the Status of Judges", the Law of Ukraine "On the High Council of Justice", the Decision of the High Council of Justice "On Approving the Regulation on the Court Security Service", the Decision of the High Council of Justice "On Approving the Regulation on Completion of Service by Employees of the Court Security Service", the Law of Ukraine "On the National Police" and the Criminal Procedure Code of Ukraine, whic

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8

Drozdov, O. M., N. V. Glynska, and I. V. Basysta. "Criminal procedural consequences of the court’s return of an indictment to the prosecutor." Law and Safety 92, no. 1 (2024): 53–65. http://dx.doi.org/10.32631/pb.2024.1.05.

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The article analyses the criminal procedural consequences which will occur under the current Criminal Procedure Code of Ukraine if the court returns an indictment to the prosecutor. Based on a comparison of the provisions of the Criminal Procedure Code of Ukraine of 1960 and the current Criminal Procedure Code of Ukraine, it has been established that the current consequences of returning an indictment by a court are different from those which existed when a case was returned for additional investigation under Article 246 of the Criminal Procedure Code of Ukraine of 1960 by a judge's decision.

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9

Skubak, E. "Issues of legality of procedural actions and adoption of procedural decisions in suspended criminal proceedings." Society and Security, no. 2-3(3) (July 31, 2024): 84–90. http://dx.doi.org/10.26642/sas-2024-2-3(3)-84-90.

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The purpose of this article is to analyze the current provisions of the Criminal Procedure Code of Ukraine in the part that regulates the grounds for stopping criminal proceedings, appealing the decision on such a stopping, as well as researching the grounds and criteria for taking procedural actions in stopped criminal proceedings. This research was carried out on the basis of the study and analysis of the works of Ukrainian scientists, materials of law enforcement activities, in particular, court decisions regarding the specified issue, as well as direct (empirical) experience in the field o

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10

Shabarovskyi, B. V. "Methods of Physical Evidence Verification in the Criminal Proceedings of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 85, no. 2 (2019): 105–11. http://dx.doi.org/10.32631/v.2019.2.10.

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Taking into account the fact that evidence verification remains a poorly researched criminal and procedural phenomenon, and physical evidence is an important mean of establishing the circumstances of criminal proceedings, the purpose of the study was to determine and characterize the methods of verifying physical evidence in the criminal proceedings of Ukraine. To achieve this purpose, the author has set the following tasks: to analyze the provisions of the Criminal Procedural Code of Ukraine in order to identify the methods of verifying physical evidence; to determine the peculiarities of phy

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11

Bukhonskyi, Serhiy. "FEATURES OF THE STAGE OF THE BEGINNING OF THE PRE-TRIAL INVESTIGATION UNDER THE CURRENT CRIMINAL PROCEDURE CODE OF UKRAINE." Criminalistics and Forensics, no. 67 (August 9, 2022): 262–71. http://dx.doi.org/10.33994/kndise.2022.67.27.

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The article is devoted to the analysis of the historical, legal, and theoretical foundations for changing the normative model for the beginning of a pre-trial investigation under the current Criminal Procedure Code of Ukraine, as well as determining the main directions for further improvement of the criminal procedural legislation, etc. As a result of the study, several provisions and conclusions have been formed regarding the deepening of the theories of criminal procedure and forensic science, substantiation of proposals for improving the current criminal procedural legislation, and the deve

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12

Oheruk, Ihor. "Pecularities of making the notification of suspicion in a criminal proceeding." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 14(26) (December 12, 2022): 178–85. http://dx.doi.org/10.33098/2078-6670.2022.14.26.178-185.

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proceeding as a separate procedural action and to find out its peculiarities, which relate to both the stage of preparing a written notification of suspicion by an authorized person and the stage of serving of such notification. Methodology. The methodology includes a comprehensive analysis and generalization of the existing scientific theoretical material and the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results. In the process of research, it wa

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13

Humin, Oleksii, and Anton Sobchuk. "FEATURES OF THE IMPLEMENTATION OF PROCEDURAL POWERS BY PERSONS INVESTIGATING CRIMINAL OFFENSES IN THE FORM OF INQUIRY." Criminalistics and Forensics, no. 67 (August 9, 2022): 146–54. http://dx.doi.org/10.33994/kndise.2022.67.16.

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The article analyzes the provisions of the criminal procedural legislation regarding the institute of criminal offenses introduced in Ukraine, as well as the practice of their application. With the use of general scientific and special methods of scientific knowledge, proposals are formulated for: supplementing the Criminal Procedure Code of Ukraine with provisions for the adoption of an appropriate procedural decision by an interrogating officer in case of failure to establish the composition of a criminal offense; determination of the interrogating officer as the subject of the search, as we

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14

Vysotskyi, B. M. "ESTABLISHMENT OF THE INSTITUTE FOR PROCEDURAL ACTIONS CONDUCTING AS ONE OF THE FORMS OF INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS." Scientific Herald of Sivershchyna. Series: Law 2023, no. 2 (2023): 7–17. http://dx.doi.org/10.32755/sjlaw.2023.02.007.

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The article examines the establishment of the institution of procedural actions as one of the forms of international cooperation in criminal proceedings. Attention was drawn to the fact that international cooperation in criminal proceedings, including the conduct of procedural actions, is a tool that can be used to overcome the barriers of sovereignty and allow the international community to properly respond to illegal actions that encroach on the goods protected by criminal law, despite the existing differences between legal systems. That is why, at a certain stage, the international legal re

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15

Denysenko, V. V. "CRIMINAL PROCEDURAL RELATIONS OF THE INVESTIGATOR AND THE PROSECUTOR: PROBLEM ISSUES." Herald of criminal justice, no. 3-4 (2022): 165–75. http://dx.doi.org/10.17721/2413-5372.2022.3-4/165-175.

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The article reveals certain problematic issues of criminal procedural legal relations between the investigator and the prosecutor. The purpose of the article is to study the problematic issues of the legal relationship between the investigator and the prosecutor in the modern conditions of reforming the criminal justice bodies and updating the current Code of Criminal Procedure of Ukraine. The beginning and course of the legal relationship between the investigator and the prosecutor is established by the current Code of Criminal Procedure of Ukraine and this cannot but affect the nature of the

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16

Shpiliarevych, V. V. "Security Measures In Ukraine’ Criminal And Criminal Procedure Law." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 195–205. http://dx.doi.org/10.15330/apiclu.51.195-205.

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The article is dedicated to the study of security measures in criminal and criminal procedural law of Ukraine. Determined by the influence of integration and globalization processes, there is a tendency of convergence of various branches of law, including criminal and criminal procedural law. Therefore, the implementation of a modern effective policy in the field of crime prevention in Ukraine requires an improvement of existing preventive measures and development of new ones, both at the international and national levels. That is why, criminal and criminal procedure measures, namely security

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17

Skrechko, M. M. A. "Procedural decision of the detective to start a pre-trial investigation: some problematic issues." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 831–37. http://dx.doi.org/10.24144/2788-6018.2024.05.127.

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The article is devoted to problems related to the legal regulation of the detective’s procedural decision to initiate a pre-trial investigation. It was noted that although the legislator did not define the adoption of a separate procedural decision of the detective to start a pre-trial investigation, such a decision is embodied (enveloped) not in a procedural document, but in a procedural action - entering information about a criminal offense into the Unified Register of Pre-Trial Investigations. The problem of improper legislative regulation of the interaction between the detective and the he

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18

Kyrychenko, Oleh, Vadym Nehodchenko, Vadym Davydiuk, Viacheslav Kuzyk, and Oleksandr Mishchanynets. "Ways of reforming the criminal and criminal procedural legislation of Ukraine in the context of European integration." Cuestiones Políticas 40, no. 75 (2022): 114–23. http://dx.doi.org/10.46398/cuestpol.4075.07.

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The purpose of the research is to highlight problematic issues and ways of reforming the criminal procedural legislation of Ukraine in the context of European integration. Main content. The article analyzes the current criminal procedural legislation of Ukraine and that of European Union countries. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of methodological approaches to understanding of problematic issues and ways of ref

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19

Yakymets, M. O. "The problem of defining the application of compulsory measures of an educational nature as a legal institution." Uzhhorod National University Herald. Series: Law 3, no. 87 (2025): 370–75. https://doi.org/10.24144/2307-3322.2025.87.3.56.

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The article is devoted to the consideration of the application of compulsory measures of an educational nature as an independent legal institution. The institution of the application of compulsory measures of an educational nature is considered as a holistic formation, characterized by the unity and homogeneity of content. It is proved that the legal regulation of the application of compulsory measures of an educational nature is carried out not only by substantive, but also by procedural norms, which gives grounds to speak about the complex nature of this legal institution. Groups of norms th

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20

Fastovets, V. A. "PROBLEMATIC ISSUES OF TAKING EVIDENCE FROM KNOWLEDGEABLE PERSONS." Theory and Practice of Forensic Science and Criminalistics 16 (November 30, 2016): 72–79. http://dx.doi.org/10.32353/khrife.2016.09.

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Separate questions of obtaining testimonies from knowledgeable persons (carriers of special knowledge) in criminal proceedings have been investigated. The shortcomings of law enforcement activity on procedural registration of such statements, which contradict the requirements of the current criminal procedural legislation, are revealed. Own proposals on introducing amendments to the Criminal Procedural Code of Ukraine are presented.

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21

Starenkyi, O. "Monitoring of bank account as a means of obtain evidence: the question about improving procedural form." Herald of criminal justice, no. 3 (2019): 62–71. http://dx.doi.org/10.17721/2413-5372.2019.3/62-71.

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In the system of criminal proceedings means of obtain evidence the important place has an investigative (search) action which help to solve the grave and the particularly grave crimes, as show in world and domestic practice. One of the reason of the low level using the results of investigative (search) action in the criminal proceeding proof is imperfect procedural form the separate undercover investigative (search) actions which includes monitoring of bank accounts. The author of the article aims to explore the problematic issues of procedural form of monitoring of banking accounts as a means

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22

Puhachenko, Olha, and Tetiana Fomina. "Rights and Obligations of Experts in Economic Affairs in the Relevant and Procedural Legislation." Central Ukrainian Scientific Bulletin. Economic Sciences, no. 9(42) (2023): 20–32. http://dx.doi.org/10.32515/2663-1636.2023.9(42).20-32.

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The article considers the rights and obligations of experts on economic affairs in the relevant legislation (the Law of Ukraine "On Forensic Expertise"; the Instruction on the Appointment and Conduct of Forensic Examinations and Expert Studies and the Scientific and Methodological Recommendations on the Preparation and Appointment of Forensic Examinations and Expert Studies; the Instruction on the Peculiarities of Forensic Expert Activity by Certified Forensic Experts who do not work in state specialised expert institutions) and procedural legislation (the Criminal Procedure Code, the Civil Pr

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23

Krushynskyi, Serhii. "Representation of Evidence at the Stage of Statement (Report) of Criminal Offense Submission." University Scientific Notes 2015/3 (March 17, 2020): 161–68. https://doi.org/10.5281/zenodo.3712823.

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<em>The article is devoted to the analysis of some problematic questions related to deficient legislative regulation of statement (report) of criminal offense and its evidential materials submission procedure. A comparison with the statement (report) of criminal offense submission at the stage of initiation of criminal proceedings under the Criminal procedural code of Ukraine 1960 has been conducted. The author cites examples of judicial practice, when objects and documents submitted during applying of statement (report) of criminal offense were admitted as evidence and used for confirm of the

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24

Кузубова, Т. О. "Theoretical and Applied Issues of Standardization of the Terms of Prejudicial Inquiry before Handling a Charge Sheet to a Person." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (2020): 224–34. http://dx.doi.org/10.32631/v.2020.3.22.

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The latest amendments to the Criminal Procedural Code of Ukraine, which are related to the terms of inquiry before handling a charge sheet to a person, have been studied. The author has carried out the analysis of judicial practice of applying the provisions of the Criminal Procedural Code of Ukraine regulating prolongation of terms of prejudicial inquiry of crimes before handling a charge sheet to a person depending on gravity of a crime and other criteria, which are guided in practice by investigators, prosecutors while determining the urgency of criminal proceedings. The author has compared

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25

Oleg, Batiuk Олег Батюк. "APPLYING SPECIAL KNOWLEDGE TO INVESTIGATING CRIMES COMMITTED IN PUNISHMENT EXECUTION INSTITUTIONS OF UKRAINE." Knowledge, Education, Law, Management 1 (25), no. 2019 (2019): 16–23. https://doi.org/10.5281/zenodo.3275599.

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In the provisions of the scientific article the author examines the possibilities of applying special knowledge to investigating crimes committed in punishment execution institutions of Ukraine, analyzes in criminal law procedural and non-procedural forms of applying special knowledge to investigating crimes committed in punishment execution institutions of Ukraine, characterizes subjects of applying special knowledge to investigating in PEI of Ukraine, discovers the peculiarities of subjects’ applying special knowledge to investigating crimes committed in PEI of Ukraine and suggests the

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26

Hachkevych, Andrii, and Serhii Voitsekhivskyi. "Procedural Reglementation of an Exigent Circumstances Search." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 12, no. 46 (2025): 66–78. https://doi.org/10.23939/law2025.46.066.

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This article is devoted to the relevant issue of the legality of an exigent circumstances search, a practice that involves entering a home or other possessions to save life and property, or to directly prosecute a suspected criminal. The inclusion of provisions on exigent circumstances searches in the legislation of Ukraine is a matter of great importance, as it directly impacts the effectiveness of law enforcement agencies in responding to emerging threats. However, this issue also faces challenges, particularly in relation to the need to respect human rights, such as the right to inviolabili

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27

Denysenko, V. V. "CRIMINAL PROCEDURAL LEGAL RELATIONS AT THE STAGE OF PRE-TRIAL INVESTIGATION: TOWARDS A DEFINITION OF THE CONCEPT." Herald of criminal justice, no. 1-2 (2021): 166–82. http://dx.doi.org/10.17721/2413-5372.2021.1-2/166-182.

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The article is devoted to the study of the problematic issues of defining the concept of criminal procedural relations at the pre-trial investigation stage under the current Criminal Procedure Code of Ukraine. The purpose of the article is to analyze the doctrinal approaches to the definition of the concept of criminal procedural relations and, based on its results, to formulate the author’s own concept of criminal procedural relations at the pre-trial investigation by revealing their essential features. The article examines the genesis of criminal procedural relations in pre-trial investigati

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28

Basysta, I., and D. Yosyfovych. "The issue of compliance with the provisions of article 284, part 1, paragraph 10 of the Criminal Procedure Code (or why it is important to distinguish between the rules for calculating procedural deadlines and the rules for the entry into force of the provisions of normative legal acts), the impossibility of retroactive effect, and aspects of its application in the case of submitting a charge to the court outside the pre-trial investigation period." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 16(28) (December 13, 2023): 100–116. http://dx.doi.org/10.33098/2078-6670.2023.16.28.100-116.

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Purpose. The purpose of the research is to provide answers to the questions regarding the date of entry into force of the provisions of Article 284, Part 1, Paragraph 10 of the Criminal Procedure Code of Ukraine and the probability of retroactive effect of this Paragraph, based on the distinction between the rules for calculating procedural terms and the rules for the entry into force of the provisions of normative legal acts. Among the procedural prerequisites of the problem, the situation in which it is possible to raise the question of whether the prosecution has submitted an indictment to

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29

Krykunov, O. V., and H. V. Denisova. "General conditions of the admissibility of evidence in criminal proceedings." Uzhhorod National University Herald. Series: Law 4, no. 87 (2025): 84–91. https://doi.org/10.24144/2307-3322.2025.87.4.12.

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The requirement for the admissibility of evidence logically follows from the provisions of the Constitution and the Code of Criminal Procedure of Ukraine on the rule of law and the legality of criminal proceedings, and the presumption of innocence. The tasks of criminal procedure are also achieved through the application of rules on the admissibility of evidence. Evidence is considered admissible if two general conditions are met simultaneously: 1) positive – it was obtained with strict adherence to the procedure established by the current criminal procedural legislation (art. 86 of the Crimin

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30

Nedilko, Y. V. "DOCTRINE OF ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS: NATIONAL FEATURES AND WORLD TRENDS." Constitutional State, no. 57 (April 15, 2025): 254–62. https://doi.org/10.18524/2411-2054.2025.57.325402.

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The article is devoted to the study of the place and photographs of electronic evidence in criminal proceedings. It is noted that with the advent of information and computer technology (smartphones, tablets, laptops, etc.), which criminals began to use for their illegal purposes, a new type of evidence began to appear – electronic evidence. Among domestic scientists there is no unity of opinion on the definition of the concept, place and electronic evidence in criminal proceedings. This is due not only to the lack of regulatory consolidation of electronic evidence in the Criminal Procedure Cod

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Teslenko, I. O., and O. О. Kochura. "Certain aspects of the definition of the concept of “evidence” and its properties in criminal proceedings under martial law." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (P. 1) (2023): 276–87. http://dx.doi.org/10.32631/v.2023.2.25.

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The authors of the article studied the provisions of the current criminal procedural legislation of Ukraine, the European Convention on Human Rights (1950), the decision of the European Court of Human Rights, the Rome Statute of the International Criminal Court, defined and clarified the concept of “evidence”, its properties, the procedural mechanism for obtaining and evaluating in the conditions of martial law. It has been proven that despite the positive results of legal reform and improvement of the current criminal procedure legislation of Ukraine, the study revealed a number of gaps in th

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Sysoienko, Hryhorii. "INSPECTION AND CRIME SCENE INVESTIGATION IN CRIMINAL PROCEEDINGS." Criminalistics and Forensics, no. 68 (July 3, 2023): 212–18. http://dx.doi.org/10.33994/kndise.2023.68.21.

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The article is devoted to the consideration of individual procedural actions, namely the inspection and inspection of the scene of the event. The article examines the historical retrospective of the emergence and peculiarities of the specified procedural actions in the criminal procedural legislation of different years. The article examines the procedure for conducting an inspection and inspection of the scene of events according to the current Criminal Procedure Code, in particular, points out shortcomings and suggests ways to eliminate them. the article examines the historical retrospective

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Anheleniuk, A. M. Y. "Appropriate subject of obtaining evidence of a criminal offense in the opinion of the court." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 224–28. http://dx.doi.org/10.24144/2307-3322.2021.66.36.

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The article considers the collection of evidence by the prosecution, because it is in this order that the evidence base of criminal proceedings is most often formed. Thus, the prosecutor, investigator (investigator) acting under Articles 36, 40, 401 of the Criminal Procedure Code of Ukraine, as well as an employee of the operational unit pursuant to Article 41 of the Criminal Procedure Code of Ukraine on behalf of the investigator or prosecutor have the right to collect evidence. The purpose of the article is to study the affiliation of the subjects of evidence collection as part of the proced

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34

Yermak, O. V. "Forensic characteristics of criminal offenses: concepts, signs and related legal constructions." Uzhhorod National University Herald. Series: Law 5, no. 86 (2025): 53–58. https://doi.org/10.24144/2307-3322.2024.86.5.7.

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The proposed article provides a detailed consideration of the issues that arise in the course of the search for interdisciplinary connections of criminology with criminal, criminal procedural, criminal executive law, the theory of operational investigative activity, administrative tort law, as well as with criminology and the psychology of criminal activity. The researcher draws attention to the fact that to date there is no unified position of the authors regarding the definition of the concept and meaningful content of the essential features of any of the above-mentioned characteristics asso

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35

Blagodyr, A. A., V. S. Blahodyr, and S. M. Blagodyr. "Compliance with the procedural form during the expert examination in criminal proceedings." Analytical and Comparative Jurisprudence, no. 3 (July 18, 2023): 357–61. http://dx.doi.org/10.24144/2788-6018.2023.03.64.

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The paper examines issues related to the problems of compliance with the procedural form during the appointment and conduct of expert examination in criminal proceedings.Attention is drawn to the fact that the importance of the procedural form is difficult to overestimate, as it is one of the most important guarantees of criminal justice, which is aimed at ensuring the rights and legitimate interests of all persons participating in the proceedings. Criminal procedural form is the law defined order of criminal proceedings in general, the order of execution of individual procedural actions, and

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36

Kutsevych, M. "Problems of identifying signs of a victim in the crimes depots provided by articles 397-400 of the Criminal Code of Ukraine." Herald of criminal justice, no. 3 (2019): 124–35. http://dx.doi.org/10.17721/2413-5372.2019.3/124-135.

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One of the key signs of so-called special structures of crimes, in article 397-400 of the Criminal Code of Ukraine of 05.04.2001 (next – CC), is an injured person. At present, a doctrinal approach to interpreting the content of signs of a victim in the warehouses of these crimes is distinguished by its inaccurate and discompliance with the literal meaning of the notions taken to indicate signs of such a victim in a special regulatory legislation. Therefore, it requires a Legal norms that would ensure the protection of such victim. The purpose of the article is to determine the main problems th

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Kantsir, V., N. Kozmuk, S. Soroka, S. Marko, O. Riashko, and I. Kantsir. "PROCEDURAL PARTICIPATION OF BANKS IN COVERT INVESTIGATIVE (SEARCH) ACTION «BANK ACCOUNTS MONITORING»." Financial and credit activity problems of theory and practice 4, no. 39 (2021): 21–28. http://dx.doi.org/10.18371/fcaptp.v4i39.238594.

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Abstract. The concept of financial monitoring as a set of measures carried out by the entities of primary and state financial monitoring in the field of prevention and counteraction to separatist funding (article 110-2 of the Criminal Code of Ukraine), legalization (laundering) of criminally obtained property (article 209 of the Criminal Code of Ukraine), and terrorism funding (article 258-5 of the Criminal Code of Ukraine) is developed and proved. The relationship between the categories of «terrorism» and «finance» is determined in the following areas: money paid to terrorists for refusing to

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Pohoretskyi, M. A. "THE CRIMINAL PROCEDURE CODE OF UKRAINE: REALITY AND ILLUSIONS (UNTILL THE 10TH ANNIVERSARY OF ITS ENTRY INTO FORCE)." Herald of criminal justice, no. 1-2 (2022): 72–90. http://dx.doi.org/10.17721/2413-5372.2022.1-2/72-90.

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The article is devoted to the study of problematic theoretical and practical issues of functioning of the current CPC of Ukraine during the decade since its entry into force. The article proves that most of the problems with the implementation of the current CPC are primarily related not to the imperfection of its procedural rules or individual institutions, but, first of all, to the incompleteness of the reform of the entire criminal justice system and each of its subjects (structural elements): court, prosecutor’s office, pre-trial investigation bodies, and the Bar, in particular, which play

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Bespalko, І. "Features of the application of temporary access to things and documents in the process of criminal procedural evidence." Uzhhorod National University Herald. Series: Law 2, no. 77 (2023): 217–22. http://dx.doi.org/10.24144/2307-3322.2023.77.2.37.

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In accordance with Part 2 of Art. 93 of the Criminal Procedure Code of Ukraine (hereinafter referred to as the Criminal Procedure Code), the prosecution, as a subject of evidence in a judicial investigation, obtains evidence through conducting investigative (detective) actions and covert investigative (detective) actions, requesting and receiving things, documents, information, experts' conclusions, audit conclusions and inspection reports from public authorities, local self-government bodies, enterprises, institutions and organizations, officials and individuals, as well as carrying out other

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Solovyova, O. Ye. "Procedural status of participants in criminal proceedings as a means of securing rights and legitimate interests." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (Part 2) (2023): 249–56. http://dx.doi.org/10.32631/v.2023.2.54.

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The concept of procedural status of participants in criminal proceedings is considered. According to the Criminal Code of Ukraine, participants in criminal proceedings are parties to criminal proceedings, persons who take part in criminal proceedings. A comparison of this definition with specific norms of the Criminal Procedure Code of Ukraine, which refer to participants in criminal proceedings, shows that the law includes not only persons involved in criminal proceedings, but also the subjects of criminal procedural activity themselves, i.e. officials and bodies that conduct (investigate) cr

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Rudenko, L. D. "On the issue of liability in economic judicial proceedings." Legal horizons, no. 21 (2020): 47–51. http://dx.doi.org/10.21272/legalhorizons.2020.i21.p47.

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The article specifies the legal nature of liability in commercial litigation, defines the ratio of measures of procedural coercion and liability in commercial litigation. Based on the analysis, a conclusion was made about the inexpediency of combining the measures of responsibility provided by the Commercial Procedural Code of Ukraine into an independent type of legal liability. The expediency of separating the category "Responsibility in commercial litigation" is argued. It is noted that the purpose of such liability is to comply with the procedural order of commercial proceedings under the t

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Horinetskyy, Y. I., N. M. Replyuk, and I. A. Nesterova. "Ensuring the reasonableness of criminal proceedings’ terms." Uzhhorod National University Herald. Series: Law 3, no. 83 (2024): 213–19. http://dx.doi.org/10.24144/2307-3322.2024.83.3.33.

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It is indicated that the current Criminal Procedure Code of Ukraine dated April 13, 2012 for the first time at the legislative level established such a principle of criminal proceedings as the reasonableness of terms. Yes, in accordance with Article 28 of the Criminal Code of Ukraine during criminal proceedings, each procedural action or procedural decision must be performed or made within a reasonable time. The article is devoted to the analysis of criminal proceedings’ principle “reasonable terms”. During criminal proceedings, each procedural action or procedural decision must be performed o

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Tereshchuk, S. S. "Separate procedural aspects of the search." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 644–47. http://dx.doi.org/10.24144/2788-6018.2024.01.113.

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It is indicated that the tasks of criminal proceedings are to protect the person, society and the state from criminal offenses, to protect the rights, freedoms and legitimate interests of the participants in criminal proceedings, as well as to ensure a quick, complete and impartial pre-trial investigation and trial, so that everyone who has committed a criminal offense , was prosecuted to the extent of his guilt, no innocent person was charged or convicted, no person was subjected to unreasonable procedural coercion, and that due process of law was applied to each participant in the criminal p

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Shchyruk, M. M. "FUNCTIONS OF THE DEFENDER IN THE CRIMINAL PROCESS." Herald of criminal justice, no. 3-4 (2021): 167–83. http://dx.doi.org/10.17721/2413-5372.2021.3-4/167-183.

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The article examines the problematic issues of the lawyer’s functions in the criminal process. The purpose of the article is the doctrinal definition of the lawyer’s functions in the domestic criminal process based on the results of the analysis of the doctrinal interpretation of the concept of function in the criminal process, the doctrinal understanding of the status of the lawyer and defense and their functions in the criminal process. On the basis of the analysis of scientific sources, as well as the provisions of the national procedural legislation, the concept, content and types of funct

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Kuchynska, O., V. Nesterovskyi, O. Starenkyi, and Y. Tsyganyuk. "ILLEGAL AND UNCONTROLLED AMBER'S EXTRACTION AND MEASURES TO COMBAT IT." Visnyk of Taras Shevchenko National University of Kyiv. Geology, no. 3 (90) (2020): 62–70. http://dx.doi.org/10.17721/1728-2713.90.09.

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SignificantincreaseinthedemandforamberintheworldgaverisetoamultitudeofcomplexproblemsinUkraine, related not only togeology and mineral resources use, but also economy, legislation and other aspects of life.The prevention and control of crimes related to illegal amber's extraction are provided through various activities and methods. One of them is the implementation of the laws of Art. 240 of the Criminal Code of Ukraine through criminal prosecution. It is implemented by applying rules of criminal procedural law: individuals' actions qualification during adding data to the Unified Register of p

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Horinetskyy, Y. I., I. A. Nesterova, and N. M. Replyuk. "Problems of protecting the rights of a person whose actions are under pre-trial investigation before being notified of suspicion." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 525–29. http://dx.doi.org/10.24144/2788-6018.2024.03.91.

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Current Criminal Procedure Code of Ukraine 2012 (hereinafter - the Criminal Procedure Code of Ukraine) significantly changed the procedure for bringing a person to criminal responsibility, excluding such a concept as «violation of a criminal case». The article is devoted to the analysis of problematic issues related to the protection of the rights of a person whose actions are under pre-trial investigation before being notified of suspicion. A review of the articles of the Criminal Procedure Code of Ukraine regulating the stages of criminal proceedings, the implementation of criminal prosecuti

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Skrypnyk, K. Yu. "The authorized person as a subject of a criminal offense under Article 372 of the Criminal Code of Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 80 (2024): 90–97. http://dx.doi.org/10.24144/2307-3322.2023.80.2.13.

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The article, through a systematic interpretation of the legislation, defines a list of officials who belong to “persons authorized to do so by law”, in the sense of the subject of a criminal offense provided for in Article 372 of the Criminal Code of Ukraine, who have the authority to report persons of suspicion, namely, an inquirer and a detective. The topicality of this research is due, first of all, to the lack of thorough research on the subjects of the attracting a deliberately innocent person to criminal responsibility, except for the investigator and the prosecutor, since for a long tim

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Sukhachova, Iryna. "APPLICATION BY THE PROSECUTOR OF TEMPORARY ACCESS TO THINGS AND DOCUMENTS IN THE IMPLEMENTATION OF THE CHARGE FUNCTION." Law Journal of Donbass 74, no. 1 (2021): 133–42. http://dx.doi.org/10.32366/2523-4269-2021-74-1-133-142.

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The article is devoted to one of the effective means of obtaining evidence in criminal proceedings – temporary access to things and documents, the legal regulation of which is defined in Chapter 15 of the Criminal Procedure Code of Ukraine. Attention is drawn to a number of problematic issues related to the prosecutor's use of temporary access to things and documents in the exercise of the function of prosecution, the presence of which does not ensure the effectiveness of criminal procedural evidence and the effectiveness of this institution in criminal proceedings. According to the results of

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Berezuk, V. "The genesis of the development of domestic legislation and scientific opinion on the recording of court proceedings." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 288–93. http://dx.doi.org/10.24144/2307-3322.2021.65.53.

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The result of Ukraine’s desire for European standards of living was the adoption in 2012 of the Criminal Pro-cedure Code of Ukraine, which introduced new criminal procedural institutions aimed at ensuring the rights and legitimate interests of participants in court proceedings. One such institution has been recording fixation hardware of court proceedings, which is currently carried out in the form of a full video recording of court proceedings. The article is devoted to elucidating the genesis and current state of criminal proceedings for the recording of court pro-ceedings. The article analy

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Stolitnii, A. "The examiner as a subject of a party to criminal proceedings by the prosecution." Uzhhorod National University Herald. Series: Law 3, no. 83 (2024): 292–99. http://dx.doi.org/10.24144/2307-3322.2024.83.3.45.

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It is indicated that the process of modernization of the system of criminal justice bodies is underway in Ukraine, the purpose of which is to improve the system of public administration and improve mechanisms for protecting the rights and freedoms of citizens. In particular, the concept of criminal justice reform of Ukraine, approved by the Decree of the President of Ukraine dated 04/08/2008 No. 311/2008, was implemented in the aspect of updating criminal, criminal procedural and administrative tort legislation. As part of the humanization of criminal legislation, the following steps have been

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