Comparative analysis of the legislative standards of examination by the Criminal Procedure Code of Ukraine and the Russian Federation

• Author: Andrii Kuntii, Roman Blahuta, Oleksii Avramenko
• Position: Associate professor of the Department of criminal proceedings and criminology, Faculty Nel of the Institute of training specialists for subdivisions of the National Police of Ukraine/Rector of Lviv State University of Internal Affairs, Lviv, Ukraine/Dean of the Faculty Nel of the Institute of training specialists for subdivisions of the ...
• Pages: 157-171

Comparative analysis of the legislative standards of examination

by the Criminal Procedure Code of Ukraine and the Russian

Federation

Associate professor Andrii KUNTII1

Associate professor Roman BLAHUTA2

Associate professor Oleksii AVRAMENKO3

Abstract

The scientific article is devoted to the investigation of the examination of a person

as a form of investiga tive actions, which is provided in Russian and Ukrainian legislations.

The subject of the study is the criminal procedural legal relations between the participants

of examination based on the norms of the Criminal Procedure Code (CPC) of Ukraine and

the Criminal Procedure Code (CPC) of Russian Federation (RF). Objectives of the study -

the an alysis of the existing legislative norms in the criminal procedural codes of RF and

Ukraine, as well as, on their basis, the d evelopment of new and improving of ex isting

procedural, organizational and tactical measures used in the examination of a person

aiming to improve its quality and effectiveness are the subject of the examination . The

methodology of the article consists of comparative, formal-logical, statistical and

sociological methods. The shortcomings and gaps in its legislative implementation are

noted and ways of their solution are presented. The author's approach to conducting

examination of a person is proposed with the aim of improving the regulatory and legal

regulation of the conducting the examination in the CPC of Ukraine.

Keywords: procedural actions; examination of a person; distinguishing

characteristics; traces of crime; witnesses; compulsion; protocol.

JEL Classification: K14, K30, K41

1. Introduction

In most democratic countries of the world the level of protection of the

rights, freedoms and legitimate interests of citizens is measured by their normative

security and criminal law protection, which becomes of particular importance in

the investigation of the facts of encroachment on the life, health or property of

1 Andrii Kuntii - associate professor of the Department of criminal proceedings and criminology,

Faculty №1 of the Institute of training specialists for subdivisions of the National Police of

Ukraine, kynt@ukr.net.

2 Roman Blahuta – rector of Lviv State University of Internal Affairs, Lviv, Ukraine,

riblaguta@ukr.net.

3 Oleksii Avramenko - dean of the Faculty №1 of the Institute of training specialists for subdivisions

of the National Police of Ukraine, vinniki@ukr.net.