Кафедра кримінального та кримінального процесуального права

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Browsing Кафедра кримінального та кримінального процесуального права by Author "Ablamskyi, Serhii"

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    Detention of a person suspected of committing a criminal offense during martial law in Ukraine
    (2023) Ablamskyi, Serhii; Galagan, Volodymyr; Basysta, Iryna; Udovenko, Zhаnnа
    This article is a detailed exploration of the detention procedures in Ukraine’s criminal justice system under the Criminal Procedure Code of Ukraine, with a specific focus on the conditions of martial law. The primary objective of the study is to offer a scientific solution to both theoretical and applied issues surrounding the procedural regulation of detentions, especially in the context of suspects of criminal offenses under martial law. Employing a range of research methods, including comparative legal, systemic, structural, formal legal, and statistical analyses, the study thoroughly examines existing legislation, regulations, and practices of detention procedures in Ukraine. It relies on a strong theoretical foundation derived from scholarly works in criminal procedure and law, and is further supported by empirical data from Ukrainian legal institutions like the General Prosecutor’s Office and the Supreme Court. The article presents well-reasoned conclusions and recommendations for improving detention practices, while also acknowledging the limitations of the research. These limitations encompass both theoretical perspectives and practical applications, highlighting the study’s implications in the broader context of criminal law and human rights. The originality and value of this research lie in its comprehensive and nuanced analysis of the detention process within a specific and challenging legal framework, contributing significantly to the academic and practical understanding of criminal procedural law under extraordinary circumstances.
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    Extradition of a person: the national law of Ukraine and the case law of the European court of human rights
    (2023) Koniushenkо, Yana; Fomina, Tatiana; Galagan, Volodymyr; Udovenko, Zhаnnа; Ablamskyi, Serhii
    This article aims at establishing and emulating the relevant issues surrounding the detention of person presumed of committing a criminal offense outside the territory of Ukraine in respect with the provisions adumbrated by the European Court of Human Rights. The study was conducted through the prism of the national legislation and the relevant case law of the European Court of Human Rights. The article articulates, that as far Ukrainian national law and the European Court of Human Rights is concerned, handling issues of detention outside the Ukrainian territory is complimentary. It is the opinion that, the legal basis for the extradition of persons who have committed a crime outside the territory of Ukraine has been determined. It is emphasized that in this case the generally accepted norms and principles of international law conforming with national law of each member state that has ratified relevant international treaty, are important. The peculiarities of the normative regulation of detention of a person who has committed a criminal offense outside the territory of Ukraine enshrined in the current criminal procedure legislation, are analyzed. It is emphasized that during the law enforcement practice the problem is a clear definition of the grounds for detention of a person wanted by the competent authority of a foreign state. The issues of realization of the detainee's rights, including the right to protection, were considered separately. According to the results of the study, certain ways to improve the provisions of the Criminal Procedure Code of Ukraine have been formulated.
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    Extradition: the European court of human rights and the Ukrainian experience
    (2023) Fomina,Tatiana; Galagan, Volodymyr; Udovenko, Zhanna; Ablamskyi, Serhii; Koniushenko, Yana
    This article deals with the problematic aspects of sending back a person guilty of a crime outside the territory of Ukraine to the country where the crime was committed in accordance with the European Court of Human Rights (hereinafter – ECtHR) principles. The research was carried out within the framework of the domestic law of Ukraine and the court rulings of the ECtHR. The article states that the consideration of issues of detention outside the territory of Ukraine has a complex nature, being guided by the provisions of the national legislation of Ukraine and the European Court of Human Rights. The article determines the legal basis for the extradition of persons who have committed a crime outside the territory of Ukraine. It is emphasized that in this case the generally accepted norms and principles of international law conforming with national law of each State Party to the ECHR that has ratified relevant international treaty, are important. The specific features of the normative regulation of detention of a person who has committed a criminal offense outside the territory of Ukraine enshrined in the current criminal legislation, are analyzed. It is emphasized that during the law enforcement practice the problem is a clear definition of the grounds for arrest of a person wanted by the authority of another state. The problems related to the exercise of the suspect’s rights, such as the right to protection, were analyzed apart. The study results allowed to develop ways to amend the Criminal Procedure Code of Ukraine in order to improve the extradition procedure.