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Theoretical and practical aspects of the adversarial pretrial proceeding

Work number - P 2 FILED

Presented by Dnipropetrovsk State University of Internal Affairs


Author: Rogalska Viktoriya Viktorivna, Candidate of juridical sciences


The study deals with new scientific results of essence, preconditions and regulation of the adversarial proceduresat the pretrial proceeding in the legislation of Ukraine, legislations of member states of the Commonwealth of Independent States and member states of the Council of Europe.  Based on the results of the study author develops recommendations of improvement of native criminal proceeding legislation and practical experience of using it.

In scientific works author defines subject, content, boundaries and functional purposeof the adversarial proceduresat the pretrial proceeding in its three manifestations (as a form of criminal justice, as a principle of process and as a method of legal regulation)on the basis of conducting a historical-legal and comparative researches.

Basic conceptual bases of realization of adversarial pretrial proceedings are formed. Authorformulatessystems of procedural guarantees of the preconditions of adversarial-equality of parties and an independent and impartial court.

The algorithms of action for practical workers during their adoption of certain procedural decisions and carrying out of separate procedural actions (detention of a person, selection of samples for examination, agreements conclusion etc.) forimproving the organization of the activities of the National Police unitsat the adversarial pretrial proceedingsaredeveloped and implemented.

Author proposes toaddamendments to the Criminal Procedural Code of Ukraine andtoother normative legal acts of Ukrainefor making wider adversarialelements in the criminal proceedings.

In the study author formulates the scientific positions, conclusions and recommendationsthatrealizesin law-making, law-enforcement and research activitiesandin the educational process.

Economic effect of implementation.Author proposes mechanisms to improve the existing criminal procedural legislation that regulate the implementation of adversarial pretrial proceedings. It could lead to an increasing in the effectiveness of the provision of human rights and freedoms in the resolution of a criminal legal dispute, to reducing in the number of cases brought to the European Court of Human Rights and to disbursementing compensation from the state budget of Ukraine by the Court decision.

Number of publications: 34, including 1 monograph, 10 articles (1 in foreign publications), 23 theses of scientific reports at scientific events of different levels. According to the Google Shcolar database the total number of links is15, h-index (at work) = 2. 1 candidate's thesison this subject is protected.