ANNOTATION

M. Pashkovskyy. Particularities of proof in criminal cases connected with international legal assistance. – Manuscript.

Thesis for acquiring a scientific degree of the candidate of legal sciences on specialization 12.00.09 – criminal procedure and criminalistics; forensic examination. Taras Shevchenko National University of Kyiv, Kyiv, 2003.

The thesis is dedicated to the problems appeared in a process of collecting and examination of evidence by means of international legal assistance outside of national legal frame, and following appraisement and use of the evidence collected abroad. The thesis defines conception and contents of international legal assistance in criminal cases, proves determination of the particularities of proof in criminal cases by characteristics of legal frame of the state on the whole and ability of foreign and international element in criminal procedure.

The following features are characteristic for criminal procedural proof connected with use of international legal assistance: particular structure of subject of proof, dualistic legal regulation of proof (by the international legal rules on the one hand, and by the rules of national and foreign procedural law on the other hand), special means of proof (determined by the international agreements), appraisement and use of the evidence collected in the course of international legal assistance subject to limitations stated by international legal rules (ad hoc rule, rules of transfer of any evidence to the third state etc.)

The thesis contains recommendations concerning improvement of the procedural legislation particularly use of institute of distance investigative actions, procedure of resolution of jurisdiction conflicts in criminal cases and determination of agreement of foreign legislation to national one for the purposes of evidence.

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