| Article | Temporary Access to the Things and Documents: Application Problems |
|---|---|
| Authors | Slipchenko V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 11 / 2013 |
| Pages | 233 - 241 |
| Annotation | This article explores some problems in investigative and judicial practice and temporary access to the things and documents. Questions of motivation of the requesting party to have access to things and documents containing protected by law information are covered. The author makes a distinction between general and specific requirements for registration of applications, and also points at errors that are systemic in law enforcement investigators, prosecutors, defense lawyers and trial judges. The author suggests ways to address systematic errors of law enforcement and ways to optimize the investigative and judicial practices. Ratio restrictions of such action as a temporary access to the things and documents with certain types of covert investigative (detective) actions under Chapter 21 of the Criminal Procedure Code of Ukraine are analyzed in the article. The relevance of studies has been fortified not only by a novelty of this institution in the criminal procedure legislation of Ukraine, but also by a new approach to the functioning of the adversarial principle in the pre- trial stage of criminal proceedings. |
| Keywords | criminal procedure, measures to ensure procedural enforcement, temporary access to the things and documents, types of secrets protected by law, investigative and judicial practice. |
| References | |
| Electronic version | Download |