Concept and classification criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation

Abstract

The criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation is one of the important condition for effective proof in the criminal proceed and ensuring the rights, liberties and personal legal interests in pre-trial investigation. The right determining that’s concept and allocation of scientific thought is essential for the future development of theory of criminal procedural proof and improvement the practice work party accused. In the article the author has an object to determine concept and formulate classification criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation. Based on the results of the analysis which are dedicated to the investigative (search) actions questions, provisions of the current legislation of Ukraine, results of practice employees survey, was researching concept of investigative (search) actions as a means of criminal procedural proof. Attention is drawn that the investigative (search) actions are conducted for the purpose of search, searching, finding, removing and fixing factual data and information about their sources for tacking evidences in criminal proceed or verification of evidence already received and searching people. It`s concluded that criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation is condition which regulated by criminal procedural legislation which ensure the application by the party assured in the pre-trial investigation measures, which consist of a set of searching, cognitive and indication receptions, which conducted by authorized criminal procedural law subject`s in the determining for each order for the purpose of searching finding, removing and fixing factual data and information about their sources for tacking evidences in criminal proceed or verification of evidence already received and searching people. In the article indication the author`s position about classification criminal procedural guaranties of party accused as subject of proof during the investigative (search) actions in the pre-trial investigation which has not only science-methodology means but practice means for future develop the theoretical, legal and praxeology principles for realization criminal procedural guaranties of party accused as subject of proof.