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Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 22)

Publication Date:

Authors : ;

Page : 43-48

Keywords : pre-trial investigation; participants in criminal proceedings; information; divulgation; secrecy; security; decisions;

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The author of the article has studied some theoretical and applied aspects, which directly relate to the provisions of legal regulation of the issues on inadmissibility of divulgation of the information about pre-trial investigation. The systematic analysis of the relevant legislative and by-law regulatory acts, which regulate the procedure of securing the secrecy of pre-trial investigation, indicates that they have not got a clear and systematic consolidation of the procedure under research. The author has carried out the detailed review of lawyers' points of view on the subject matter of the research. In this regard the author has offered own vision on the information that should be kept confidential in the frame of pre-trial investigation. The list of participants, who may be warned about criminal liability for divulgation of the information about pre-trial investigation in criminal proceedings, has been also provided. The author has formulated the conditions, when the above mentioned information may be divulgated. Special attention has been paid to the fact that the current practice existing in Ukraine on proper recording the fact of warning the relevant participants within criminal proceedings about the inadmissibility of divulgation of certain information is notable for diverse, and therefore the above mentioned procedure should be unified. Considering all this, the author has studied the grounds, which oblige the investigator, prosecutor or court to take a decision on prohibition of divulgation of the relevant information. The author has expressed own position on the introduction of the concept of «inadmissibility of divulgation of the information about criminal proceedings» in the criminal procedure, since the mechanism of effectiveness of the researched institution must be implemented at all its stages. Other amendments and supplements to the provisions of the criminal procedural legislation of Ukraine, as well as propositions for improving law enforcement activities in the framework of the research have been offered and substantiated.

Last modified: 2021-03-16 21:48:43