Journal of International Legal Communication (Jun 2022)
HISTORICAL AND LEGAL FORMATION OF COERCIVE MEASURES IN THE CRIMINAL PROCEEDINGS IN UKRAINE
Abstract
The scientific article analyzes the opinions of scientists and regulations that provided for and provide for the possibility of coercive measures in the Criminal Proceedings in Ukraine. The historical and legal analysis of such legal acts on this issue is presented. It is emphasized that the application of restrictive measures in criminal proceeding plays an important role, as it contributes to the effective and complete establishment of all circumstances of the criminal offense, gathering evidence and, as a result, the court's fair and lawful decision. It is noted that coercive measures have been used in criminal proceeding for a long time. Such measures include any measures that restrict human rights even in the slightest way during the implementation of procedural actions in criminal proceeding. The first such coercive measure, which was applied to the participants of the process in view of the existing social order at that time, was the institution of surety. It is proved that coercive measures in criminal proceeding developed by 1927. Subsequent criminal procedure codes and amendments to them, as a rule, introduced some of the pre-existing precautionary measures and excluded some of them. It is noted that quite often scientists single out the stages of application of coercive measures in criminal proceeding. This doctrinal position deserves attention, because it allows you to systematize knowledge about the concept and types of coercive measures, allows you to identify the negative and positive aspects of the legislative regulation of this institution of criminal procedure. The author's periodization of the historical development of coercive measures in criminal proceeding is proposed, which is carried out depending on the formation of legislation to regulate this issue.
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