Herald of criminal justice最新文献

{"title":"Problematical issues of mediation conducted by a barrister during reconciliation within criminal proceedings","authors":"A. Kovalchuk","doi":"10.17721/2413-5372.2019.3/197-205","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/197-205","url":null,"abstract":"It is well known that one of the hallmarks of restorative justice is the use of mediation as an effective way of resolving the dispute. The above mentioned process proved to be quite popular in the practice of domestic lawyers, which in its turn became the basis for ambiguous practice and the need for the legislator's attention. That is why motive changes are taking place in Ukraine with the purpose of legislative consolidation of the institute. However, due to the lack of detailed legislative regulation of the basic provisions of regulation of mediation, namely - the status of mediator, regulatory secrecy of non-disclosure of client secrets, bodies of quality control of the provided services, etc., there is a possibility of abuse of the mentioned institute in the territory of Ukraine.\u0000\u0000The purpose of the article is to identify the issues that may arise in the case of the combination of lawyer and mediator roles within a single proceeding.\u0000\u0000Based on the analysis of the legal framework of domestic and international legislation, it is necessary to outline the following problems.\u0000\u0000It is argued that, to date, a major reason for the lack of active use of mediator services is the list of reasons which include both low level of public awareness and lack of legislative basis. That is why there is no proper attention to the problem of abuse of mediator status.\u0000It is concluded that the conduct of mediation by a barrister within one proceeding gives grounds for the risk of violation of the basic principles of mediation, namely – confidentiality and independence. These statements are based on the definition of difference of the professions in their nature and purposes.\u0000It is noted that a problematic issue is the fact that the lawyer-client relationship is governed by a contract for the provision of lawyer services, unlike the other party to the negotiations. This fact leads to a number of opportunities for abuse of the status of mediator and the exercise of fraudulent advocacy.\u0000It is stated the existence of a legal conflict in case of completion of the mediation procedure without result in the form of reconciliation between the suspect and the victim. It is also outlined the possibility of manipulation of the information provided by the parties in the case of a change in the role of the barrister.\u0000It has been determined that due to the retreat of the regulatory regulation of the mediation activity by the lawyer, there are no control bodies that could point out the quality of the lawyer's rendering of the above services.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133007396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Problem issues of objectives and motives in composition of crimes against the basis of national security of Ukraine","authors":"R. Chorniy","doi":"10.17721/2413-5372.2019.4/89-103","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/89-103","url":null,"abstract":"Important criminal value, first of all, for the proper qualification of the crimes provided by Art. 109 - 114-1 of the Criminal Code of Ukraine, the justice of the punished person is punished by the purpose and motive of the crime, which are independent psychological features of the subjective party, which, in turn, is not limited to the subject's attitude to the socially dangerous act or omission committed by him and its consequences.\u0000\u0000The purpose of the article is to identify the main problems that arise in determining the purpose and motives of crimes against the basics of national security and to formulate proposals to improve the provisions of the Criminal Code of Ukraine.\u0000\u0000The investigations of the indicated features of the subjective side of the warehouses of criminals provided for in Art. 109 - 114-1 of the Criminal Code of Ukraine demonstrated that the science of criminal law presents different approaches of the authors to understanding the purpose and motives of the basic and qualified compositions of crimes against the bases of national security of Ukraine. Articles of Section I of the Special Part of the Criminal Code are designed in such a way as to presuppose on the one hand a dual interpretation of some subjective features of the crime, on the other - the obligatory features of the subjective party specified in them are superfluous or those which are fixed in violation of the normative design rules technology. Yes, the following issues remain unresolved today:\u0000\u0000From the point of view of the legislative proposal, the position regarding the necessity to anticipate as a constructive feature of public calls and dissemination of materials with calls for action, provided for in Part 2 of Art. 109 and Part 1 of Art. 110 of the Criminal Code of Ukraine, a special purpose, since the proposed approach will create difficulties in proving by the investigators and the court the guilt of the person in committing the relevant crime.\u0000Predicting the purpose of the crime as a mandatory feature in the note to Art. 110-2 of the Criminal Code of Ukraine does not fully correspond to the main purpose of the said constructive part of the criminal law norms and rules of the normative design technique, and also leads to narrowing the scope of the said article, difficulties in proving in criminal proceedings.\u0000the provisions of Part 1 of Art. 111 of the Criminal Code of Ukraine give grounds for claiming that there is a so-called \"double\" purpose in it, which creates certain difficulties for qualification and prosecution of the perpetrator precisely for treason. Damage not only to the sovereignty, territorial integrity and inviolability, defense capacity, state, economic or information security of Ukraine, but also to other types of state security may be desirable for the subject.\u0000Features of the technical and legal design of the disposition of Art. 112 of the Criminal Code of Ukraine is the basis of different approaches of the authors to understanding the obl","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129277028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminalistics characteristics of official forgery","authors":"D. Serhieieva, Z. Toporetska","doi":"10.17721/2413-5372.2019.3/90-99","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/90-99","url":null,"abstract":"In the article, based on the analysis of scientific literature on criminalistics and criminal process, the analysis of criminalistics characteristics features of official forgery. It is justified that official forgery is a crime that is used to commit the majority of corruption crimes. In most cases, the causes and conditions of its commission are related to the factors that contribute to the commission of corruption and official misconduct, as in most cases, official forgery accompanies them. The purpose of this article is to study the criminalistics characteristics of office counterfeiting. The criminalistics characteristic of the crime is considered by the authors as a system containing a set of forensic significance features inherent in a certain type of crime. Like any system education, criminalistics characterization of crimes consists of interconnected components – elements. The indicated elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) personality of the offender acting in the direction 2) the choice of the object of the criminal offense, 3) in a certain environment, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The following elements of f criminalistics characteristics of official forgery are analyzed in the article: the identity of the offender, the subject of direct criminal assault, the method of committing the crime, the following picture. The criminalistics characteristics of official forgery allows to distinguish it from other crimes, in particular from forgery of documents, as well as crimes committed through forgery. The criminalistics characteristics of official forgery facilitates the identification of the circumstances to be proven in criminal proceedings for crimes of this kind and the planning of their investigation. At the same time, during the investigation of crimes of this kind, there are a number of problems that need further resolution, and therefore the issue requires separate scientific research, which will be the subject of further scientific research.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128095498","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Transport telecommunication networks as an information medium for obtaining information relevant to criminal proceedings: problematic issues of legal regulation","authors":"O. Metelev","doi":"10.17721/2413-5372.2019.4/161-173","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/161-173","url":null,"abstract":"Scientific and technological progress, as well as the rapid development of information technologies, the formation of the information society, the introduction of telecommunications systems and networks into all vital processes, the availability of digital communications and information transmission have necessitated the use of new methods of combating crime in the new information (cybernetic) space, this artificially created environment, which is an integral part of transport telecommunications networks (TTN).\u0000\u0000The extraterritorial nature of transport telecommunication networks and systems, together with the global Internet, greatly complicates their legal regulation, as it is sometimes quite difficult to determine the jurisdiction of which state relates a criminal offense. Thus, when conducting silent investigative actions, a legitimate question arises as to the lawfulness of work in the information environment of the transport telecommunication network for obtaining digital evidence in the interests of criminal proceedings.\u0000\u0000Purpose of the article: to investigate the problematic issues of legal regulation when working in transport telecommunication networks in order to obtain information relevant to criminal proceedings during the conduct of silent investigative actions.\u0000\u0000The paper draws attention to the insufficient level of scientific research to cover the problematic issues of studying transport telecommunications networks as an information medium for legal obtaining digital evidence in the interests of criminal justice. The national legislation regulating public relations in this field is analyzed, as well as the case law of the European Court of Human Rights, which reveals some «white spots» in national legislation on ensuring the legitimacy and protection of human rights in the conduct of vague private communication interventions in the information environment of transport telecommunication networks.\u0000\u0000Taking into account the extraterritorial nature of the information (cyber) space, it is concluded that there is a need for clear legislative regulation of procedural activity in the transport telecommunication networks in order to ensure the security of the individual, society and the state as a whole in this sphere.\u0000\u0000The article also discusses different approaches to legal disparities in cyber crime investigations. The question of determining the crime scene in the information (cybernetic) space is raised, an attempt is made to define the \"crime scene\" and provides suggestions for improving legislation.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127827077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Problems of determining the admissibility and appropriateness of digital (electronic) evidence in criminal proceedings","authors":"O. Metelev","doi":"10.17721/2413-5372.2019.3/224-238","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/224-238","url":null,"abstract":"The development of information technology, along with its indisputable advantages, has brought to our lives a number of negative phenomena related to the illegal use of computers and telecommunications. However, the issue of using digital information as evidence in the criminal procedural legislation of Ukraine remains almost unsettled, in particular, the place of digital evidence in the system of procedural sources of evidence (digital evidence is difficult to unambiguously attribute to material evidence or documents) remains unclear. Criminal proceedings raise problems regarding the correct assessment of digital (electronic) evidence for their identity and admissibility, which certainly does not contribute to the effective use of digital technologies and sources of information in national proceedings. The purpose of the article is to research the problematic issues of determining the appropriateness and admissibility of digital (electronic) evidence during criminal proceedings, as well as to identify and disclose individual principles for their proper procedural evaluation. The research deals with the current state of theoretical studies of the issue of the appropriateness and admissibility of digital evidence both in Ukrainian criminal procedure science and abroad. The peculiarities of the requirements for the assessment of traditional evidence and digital evidence in criminal proceedings are analyzed. The author identifies the features of obtaining (collecting) digital evidence, given their intangible nature, with a view to their further positive evaluation by admissibility and appropriateness criteria. Taking into account the international experience, the author concludes that there is a need to distinguish separate principles of admissibility and availability for digital evidence, revealing their content. The urgent need to settle this issue, both at the legislative level and through appropriate judicial clarification, is substantiated. It is emphasized that in view of the specific nature of digital (electronic) evidence to ensure their authenticity and reliability in criminal proceedings is associated with the promptness of investigative actions, mandatory involvement of an expert, professional training of all subjects of evidence and steady adherence to recommendations for working with digital evidence.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128459128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Guilt in compositions of crimes against bases of national safety of Ukraine: problem questions of theory and fixing in a law on criminal responsibility","authors":"R. Chorniy","doi":"10.17721/2413-5372.2019.3/136-150","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/136-150","url":null,"abstract":"The article is devoted to the investigation of forms and types of guilt in the composition of crimes against the basics of national security of Ukraine. The presence of a number of unresolved issues at the theoretical and legal level on this issue actualizes the need for its scientific elaboration and formulation of proposals to improve the provisions of the law on criminal liability.\u0000\u0000 The purpose of the article is to investigate the problematic issues of forms and types of guilt in crimes against the bases of national security of Ukraine, ways of fixing them in the articles of Section I of the Special part of the Criminal Code of Ukraine and to develop sound proposals for their solution based on the provisions of the doctrine of criminal law.\u0000\u0000The article presents the existing approaches of doctrinal interpretation by scientists of the provisions on wine, its forms and types, through which the research of this feature in the crimes under Art. Art. 109 - 114-1 of the Criminal Code of Ukraine. It is proved that the most reasonable is the psychological concept of guilt, which promotes the insertion of forms and types of guilt in crimes against the basics of national security with a formal composition, the elucidation of forms of guilt in the warehouses of crimes provided by articles of section I of the Special part of the Criminal Code of Ukraine, in which the legislator directly does not say that it is one of the preconditions for the proper qualification of the act committed by the person. It is proved that the basis for the conclusion about the intentional form of guilt is based on: 1) a direct indication of it in the norm of the law (Part 1 of Article 110 and Part 1 of Article 111 of the Criminal Code of Ukraine); 2) indication of the specific purpose or motives of the criminal behavior (Part 1 of Article 109, Note 1, Part 1 and Part 2 of Article 110-2, Article 113, Part 1 of Article 114 and Article 112 of the Criminal Code of Ukraine) ; 3) combination of the above mentioned features in one norm (Part 1 of Article 110 of the Criminal Code of Ukraine); 4) interpretation of terms used in the dispositions of certain articles and / or through the description in the law of the features of the crime (Part 1 of Article 110, Part 2 of Article 109, Part 1 of Article 110, Part 1 of Article 111, Article 112, Article 113, Part 1 of Article 114 and Part 1 of Article 114-1 of the Criminal Code of Ukraine); 5) interpretation of terms used in other articles of the Special (espionage as a part of state treason) or articles of the General part of the Criminal Code of Ukraine (conspiracy to commit the actions provided for in part 1 of Article 109 of the Criminal Code of Ukraine (Article 26 of the Criminal Code of Ukraine), attempted murder state or public figure (Article 112 of the Criminal Code of Ukraine) (part 1 of Article 15 of the Criminal Code of Ukraine); 6) the orientation of socially dangerous acts. The specifics of constructing all these norms testify ","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117305172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Testimonial immunity as an element of the principle of protection of the rights and freedoms of man and citizen in criminal proceedings","authors":"M. Kharitonova","doi":"10.17721/2413-5372.2019.3/239-248","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/239-248","url":null,"abstract":"In the conditions of formation of the rule of law, one of the biggest manifestations of the democratization of law enforcement activity in Ukraine is the legislative protection of human rights, the creation of guarantees of the rights and legitimate interests of the individual. In this regard, the legal status of participants in criminal proceedings becomes especially important. In addition, the important task of criminal procedural science is to identify and eliminate gaps in the legal regulation of criminal procedural relations. In this regard, studies are currently being conducted to identify legal issues in the field of law and recommendations are being prepared on this basis.\u0000\u0000It is known that every participant of criminal justice has its own legal status, enshrined in the rules of the Criminal Procedure Code of Ukraine. The procedural status of the victim, suspect, accused legislator and procedural scientist are given much attention, including the issues of securing their rights and legitimate interests. The procedural status of a witness in criminal proceedings requires, in our opinion, additional investigation, including through the prism of securing the rights and legitimate interests of the person in conducting pre-trial investigation and judicial proceedings in criminal proceedings. Research into the problems of the theory and practice of witness immunity is relevant, as various aspects of witness immunity are controversial among both theorists and practitioners. Of course, it is, first and foremost, important for witnesses to have additional opportunities for state defense.\u0000\u0000The purpose of the article is to address topical issues arising from the reform of criminal procedural legislation, which has created some difficulties in law enforcement practice, including the implementation of the rules governing the institution of immunity of witnesses. In particular, this is explained by contradictory, sometimes unsuccessfully formulated provisions of the legislation itself, which are not always consistent with the implementation of the tasks of judicial reform. In addition, the article raises the problem of witness immunity classification. The authors' different perspectives on the concepts and components of witness immunity are examined. Discussion questions of the classification of the immunity of witnesses are revealed and its classification is divided into categories and categories of testimony provided by witnesses.\u0000\u0000The result of the study is to provide valid proposals for improving the legal regulation of the institute of immunity of witnesses in criminal proceedings. Witness immunity is a set of rules that exempt certain groups of witnesses from the obligation to testify in criminal proceedings, as well as exempt a witness from testifying against themselves. In this regard, the immunity of the witness is divided into two types of imperative (absolute, unconditional) and dispositive (relative, conditional).","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126544724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Exercising the right to protection of persons with substance use disorders, addictive behavior","authors":"R. Lytvynenko","doi":"10.17721/2413-5372.2019.4/154-160","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/154-160","url":null,"abstract":"The article explores the problem of the independent possibility exercise of the right to protection of persons with disorders caused by the use of psychoactive substances, addictive behavior and the need for mandatory application of paragraph 3 of Part 2 of Art. 52 of the CCP of Ukraine, according to which \"mandatory participation of a defender is ensured in criminal proceedings against persons who, due to mental or physical disabilities (dumb, deaf, blind, etc.), are unable to fully exercise their rights - from the moment of their establishment\", in cases involving such persons and, accordingly, the establishment of defects which indicate an inability to fully exercise their right.\u0000\u0000The purpose of the article is to investigate the issue of exercising the right to protect persons with disorders caused by the use of psychoactive substances, addictive behavior.\u0000\u0000The author analyzed the legal position of the Supreme Court and scientific developments in this area and made a comparison of their conclusions. In addition, the results of the study of patients diagnosed with \"mental and behavioral disorders due to alcohol consumption, addiction syndrome\" are presented to support the arguments. The analysis uses the results of the study of patients who were examined and treated at the narcological ward of the Odessa Regional Clinical Psychiatric Hospital №1, partially reflecting psychiatric and behavioral disorders that result from substance abuse, addictive behavior.\u0000\u0000The conclusion is made on the basis of the stated data on the obligation to apply paragraph 3 of Part 2 of Art. 52 of the CCP of Ukraine in cases where the defendant is a person with disorders caused by the use of psychoactive substances, addictive behavior. Psychological defects of a person with disorders caused by the use of psychoactive substances, addictive behavior alone are not confirmation of the inability of the accused (convicted) to fully exercise their rights, and, accordingly, the mandatory application of paragraph 3 of Part 2 of Art. 52 of the CCP of Ukraine, because the perception of a person with disorders caused by the use of psychoactive substances, addictive behavior reflects the reality to the extent that is sufficient to create the preconditions for complete intellectual activity.\u0000\u0000The of substantiated that the issue of the application of Clause 3 Part 2 of art. 52 The CPC of Ukraine must be addressed based on a complex of circumstances of the case, not only in the presence of evidence of the stay of persons on special accounts and on inpatient treatment with the diagnosis of \"disorder of mentality and behavior as a result of narcotic drugs, Psychotropic substances, their analogues or precursors\".","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"243 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125708245","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Inclusive justice: new ways","authors":"O. Khotynska-Nor","doi":"10.17721/2413-5372.2019.3/176-184","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/176-184","url":null,"abstract":"In the beginning of 2019 in Haag was an extensive event – Partners forum in area of access to justice that combined members from many countries which was recognizing the particular importance of this issue for the sustainable development of society around the world. A lot of events which planned for the OON up to 2030 years testified about their actuality and priority. The target task is identifying the rule of law and access to justice as an important facture to progress for throughout.\u0000\u0000For a long time access to justice in Ukraine is a priority direction to development of the legal system in general and in the judiciary in particular. “Access to justice” as a meaningful concept traditionally viewed by scientists through the prism of different conditions (legal, social, economic), or by examining the obstacles that exist in this field. Recently, the term \"inclusive justice\" has come to be used in relation to its characteristics, which needs due theoretical consideration.\u0000\u0000The purpose of the article is researching something new for national science that need to be theoretical meaningful.\u0000\u0000The main results of researching are in next clause:\u0000\u0000The concept “ inclusive justice” characterizes the concept of accessibility of justice from the position of non-discrimination and equal opportunities for all, without excluding people in the means and means of judicial protection of their rights. This accent allows for focusing on the accessibility of justice for people who, due to certain factors (gender, age) or life circumstances (low income) or because of their health or other disabilities, face relative (behavioral) and environmental barriers.\u0000For a simple understanding inclusiveness in area of justice envisages their accessibility for people with disabilities, focusing attention on special subject which need to realization this function. The concept of inclusive justice provided not only necessity to establishment appropriate conditions for effective realization rights for each people on judicial protection. This is the question accessibility for person with disabilities to judicial profession which is less researching in Ukraine.\u0000Inclusion as a access to justice focused attention not on people with disabilities and also on possibilities available to the justice system, the means available, the ways it can use it`s potential, and most importantly the obstacles, barriers and difficulties that need to be overcome by offering solutions that are necessary for one and at the same time useful to all.\u0000Inclusion in justice also emerges as a policy, a strategy to overcome barriers that impede it`s accessibility to the development and implementation of which must be involved both the state and directly involved in the justice process. It should provide for a system of measures, the key in formulating and prioritizing which is the identification of obstacles and the rational use of available resources.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132963354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On certain issues of regulation of investigating judge`s authority to consideration of applications for temporary access to objects and documents","authors":"Ye.І. Lysachenko","doi":"10.17721/2413-5372.2019.3/215-223","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/215-223","url":null,"abstract":"Temporary access to objects and documents is one of the most common means of ensuring criminal proceedings and an important means of gathering evidence. This measure of criminal proceedings represents the undoubtedly basic instrument for the formation and consolidation of evidence, which will further serve as a legal basis for the promulgation of a correct and well-founded procedural decision by the investigator or prosecutor during a full, complete and impartial pre-trial investigation.\u0000\u0000The author of the article is intended to investigate the problematic issues of regulation of investigating judge`s authority to consideration of applications for temporary access to objects and documents.\u0000\u0000Attention is drawn to the lack of legislative regulation of the powers of the investigating judge to issue a decision on the return of the petition and the refusal to grant it in the case of non-compliance of such petition with the requirements of criminal procedural legislation.\u0000\u0000The decision of the investigating judge, type of which is not provided by the CPC of Ukraine, is contrary to the principle of the lawfulness of criminal proceedings, adversely affects the effective protection of the rights, freedoms and interests of the person in the framework of criminal proceedings, the effectiveness of criminal procedural evidence and the formation of unambiguous legal practice.\u0000\u0000The author concludes that in order to improve the institute of temporary access to objects and documents, the following changes should be made to the CPC of Ukraine:\u0000\u0000- Art. 163 as a rule on the procedural possibility of an investigating judge to return to a party of criminal proceedings a request for temporary access to things and documents, if it is filed without observing the requirements of Art. 160 CPC of Ukraine;\u0000\u0000- the norm of refusal to grant such a request in case of non-compliance with the requirements of Part 5 of Art. 163 of the CPC of Ukraine. In view of the above, the investigating judge will be empowered by law to rule on the results of the consideration of the request for temporary access to the things and documents of the decision on: 1) satisfaction of the request, 2) refusal to grant the request, 3) return of the request.\u0000\u0000The proposed amendments to the current CPC of Ukraine in terms of improving the procedure of temporary access to things and documents as a means of criminal procedural evidence, in particular the introduction of alternative types of rulings, will certainly increase the effectiveness of criminal procedural evidence, as well as ensure the effectiveness of the functioning of the investigative institution.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114615451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}