Article | Notification of Suspicion: Opposition of Legal Positions of the Prosecution and Defense Parties |
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Authors |
Kaplina O.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 12 / 2017 |
Pages | 74 - 81 |
Annotation | The article deals with the problems of notifying suspicious persons occupying a particularly responsible position relevant to modern law enforcement practice. Legal uncertainty of the norms of law, which constitute the institution of notification of suspicion of this category of persons, generates a lack of unity of investigative and prosecutorial practice, the emergence of different approaches of the prosecution and defense parties, inconsistency of the position of judges. Particular attention is paid to the decision of the question of who exactly should notify the judge, the deputy of Ukraine, the deputy of the local council, etc., of the suspicion, the interpretation of the notion of «notification of suspicion» is given, it is noted that this procedural action consisting of certain stages, each of which has its purpose and without which it is impossible to achieve the purpose of notification of suspicion. Separately, the author dwells on the issue of the possibility of giving by the prosecutor instructions for the delivery of a notification of suspicion, as well as the need to introduce a prosecutor, who is obliged to notify of suspicion in accordance with Art. 481 of the Criminal Procedure Code of Ukraine, into the Single Register of Pre-trial Investigations. |
Keywords | the notification of suspicious, the notification of suspicious of the special category of individuals, criminal proceedings against special category of individuals, suspicious, serving of the written notification of suspicious |
References | |
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