Infopaket

Guarantees of individual rights in pre-trial investigation

ДВС 10.02

Обов’язкова дисципліна для ОП

First

2023/2024

8 Semester

4

Know the basic aspects of the development of the institute of individual rights guarantees in pre-trial investigation in Ukraine, main features of individual rights guarantees classification in criminal proceedings, their legal nature; special concepts and terminology; literary sources on current issues of the participants in criminal proceedings, acts of criminal procedural legislation that regulates individual rights guarantees in pre-trial investigation. Know the legal characteristics of regulatory sources that control existence of individual rights guarantees in pre-trial investigation that ensure the rights and responsibilities of the participants in criminal proceedings. Know: the main scientific issues on application and implementation of individual rights guarantees in pre-trial investigation. Be able to evaluate and determine the role and the task of individual rights guarantees in criminal proceedings, differentiate individual rights guarantees in criminal proceedings.

Distance form

Know the concepts and definitions: "guarantees", "participants in criminal proceedings", "pre-trial investigation", "pre-trial examination", "parties to criminal proceedings"; powers of the prosecutor as a procedural manager; concept and procedural status of the pre-trial investigation body; procedural status of the head of the pre-trial investigation body; procedural status of the suspect, accused; main features of precautionary measures application in criminal proceedings; procedural status of the victim; guarantees of human rights during covert investigative (search) actions; guarantees of human rights during investigative (search) actions; main features of judicial control over pre-trial and judicial investigation; 2. Have basic skills in preparing criminal procedural transactions drafts taking into account the peculiarities of the practical situation and resolve disputes in criminal proceedings.

This discipline is an in-depth study of the individual rights guarantees in the pre-trial investigation. The course of the academic discipline provides detailed study of current legislation of Ukraine in the area of criminal procedure, legal literature, basic concepts and special terminology.

1.Derev’yanko M. I. Guarantees of individual rights and freedoms when applying a precautionary measure in the form of detention: thesis. ... Candidate of Law: 12.00.09 / Derev’yanko M. I.; Ministry of Education and Science of Ukraine, Taras Shevchenko National University of Kyiv. – Kyiv, 2015. – 253 p. 2.Kuchynska O. P. Principles of criminal proceedings in the mechanism of ensuring its participants rights: monograph/ O. P. Kuchynska. – K.: Yurinkom Inter, 2013. – 288 p. 3.Mamka H. M. Principles of criminal proceedings. Monograph. – K.: Hreta, 2018. – 276 p. 4.Chornous’ko M. V. Implementation of pre-trial investigation procedural guidance by the prosecutor: theory and practice: monograph / M. V. Chornous’ko; under the editirship of Doctor of Law, Professor O.P. Kuchynska. – K.: Alerta, 2017. – 294 p.

Lecture, seminar, student’s individual work.

Express survey, testing, module test, intermediate evaluation (final test) - semester forms of assessment: 1. express survey - from 1 to 4 points; 2. colloquium - from 3 to 4 points; 3. reports and research works - from 4 to 5 points; 4. testing (choose the right ones from the set of statements) - from 3 to 5 points; 5. two module tests - from 2 to 4 points for each (total: from 4 to 8 points); 6. intermediate evaluation (final test) - 2 to 5 points. The minimum score that must be obtained by the student on the appropriate evaluation forms is 24 points. The maximum score that a student can receive for the semester is 20 points. The provided forms of semester assessment cannot exceed 40 points. - final assessment: written test

Ukrainian