On ways of improving national criminal procedure law in the fight against terrorism Cover Image

Щодо шляхів удосконалення національного кримінального процесуального законодавства у сфері боротьби з тероризмом
On ways of improving national criminal procedure law in the fight against terrorism

Author(s): R. Chernysh
Subject(s): Law, Constitution, Jurisprudence, Security and defense
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: Criminal Procedural Code of Ukraine; the preventive measure of detention; terrorism; DNR/LNR;

Summary/Abstract: The article analyzes certain provisions of the criminal procedure law regarding preventive measuresto the subjects, reasonably suspected of committing crimes against national security and public safety.The study concludes that the situation in which the person is reasonably suspected of having committedone of the worst category of crimes – against national security and public safety, it is difficult toapply the preventive measure is unacceptable. After investigators and prosecutors is problematicas part of the pre-trial investigation to collect, given the objective circumstances (commission of anoffense in the temporarily occupied territories of Ukraine) a sufficient amount of material (evidence)that might argue the need to apply suspect this exclusive preventive measures as detention custody.In order to eliminate preconditions to avoid persons involved in the commission of crimes against nationalsecurity, criminal liability due to excessive democratization of national criminal and criminal procedurallaw, we consider it appropriate to amend the Criminal Procedure Code of Ukraine, which provide forthe applicability of the person suspected of committing illegal acts above categories, all precautions setforth in Code of Ukraine provided the objective reasons at the time of announcement of suspicion cannotcollect enough hard evidence to substantiate in court to elect a preventive measure in the form of detention(investigator in agreement with the prosecutor will act on petition the court to apply to suspect anotherpreventive measure provided for in art. 176 Criminal Procedure Code of Ukraine).Another area outlined solving problematic issues can serve to simplify the legislative mechanism ofa preventive measure in the form of detention for this category of offenders

  • Issue Year: 2016
  • Issue No: 135
  • Page Range: 196-203
  • Page Count: 7
  • Language: Ukrainian