Obtaining the testimony of a minor during the pre-trial investigation under the laws of Ukraine
Abstract
The scientific article, based on the provisions of the theory of criminal procedure, criminology, psychology, reveals the problems of obtaining the testimony of a minor during the pre-trial investigation according to the laws of Ukraine. It is noted that the method of obtaining testimony should be based on the age and procedural status of the minor, which requires a special approach considering the vulnerable state, social immaturity, and the risk of violation of the rights and freedoms of such persons. The study used general scientific methods to determine certain legal categories that characterize the interrogation procedure of a minor, as well as special methods. The practice of introducing «green rooms» in the field of criminal justice is recognized as promising, as the child’s environment during relevant procedural actions is extremely important for establishing contact with the child. It is concluded that the lack of desirability of classifying a minor suspect as a subject for questioning in court during a pre-trial investigation is justified, as it would be contrary to the requirements of the law on the immediacy of the examination of evidence in court.
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References
BABENKO, Olga. 2020. Pre-trial investigation of a minor suspect: dissertation of the doctor of philosophy. Donetsk Law Institute of the Ministry of Internal Affairs. Mariupol, Ukraine.
CHORNIY, Gennadiy. 1998. Methods of investigation of robberies with penetration into housing: abstract of the dissertation of the candidate of legal sciences. Kharkiv, Ukraine.
CRIMINAL PROCEDURE CODE OF UKRAINE: LAW OF UKRAINE. 2012. № 4651-VI. Available online. In: https://zakon.rada.gov.ua/laws/ show/4651-17. Consultation date: 07/03/2021.
ENIKEEV, Ziniviy. 2002. The mechanism of criminal prosecution: a textbook. Bashkir University. Ufa, Russia.
GRISHCHENKO, Olecsandr. 2021. The use of ballistic accounting of the Expert Service of the Ministry of Internal Affairs of Ukraine in the investigation of criminal offenses: dissertation of the doctor of philosophy. National Academi of Internal Affairs. Kyiv, Ukraine.
KANEVSKY, Lev. 1978. Organization of investigation and tactics of investigative actions in cases of minors. Bashkir State University. Ufa, Russia.
KOVALENKO, Valentyn; UDALOVA, Larysa; PYSMENNYY, Dmytro. 2013. Criminal proceedings: a textbook. Center for Educational Literature. Kyiv, Ukraine.
KUZNETSOVA, Svetlana; KOBTSOVA, Tatiana. 2004. Tactics of interrogation of minors. Ekzamen. Moscow, Russia.
LEVI, Aleksandr; PICHKALEVA, Galina; SELIVANOV, Nikolay. 1987. Receipt and verification of testimony by the investigator. Legal literature. Moscow, Russia.
NIKANDROV, Viacheslav. 1993. “Involvement of parents of juvenile suspects and accused in criminal proceedings”In: State and law. № 8. P. 105.
ON THE PECULIARITIES OF THE PERFORMANCE OF THE FUNCTIONS OF THE PROSECUTOR’S OFFICE ON THE PROTECTION OF THE INTERESTS OF CHILDREN AND COMBATING VIOLENCE: Order of the Prosecutor General. 2020. № 509. Available online. In: https:// zakon.rada.gov.ua/laws/show/v0509905-20. Consultation date: 07/03/2021.
ORLOV, Yuriy. 2000. Fundamentals of the theory of evidence in criminal proceedings. Scientific and practical manual. Prospekt. Moscow, Russia.
PALYUKH, Andriy. 2016. Participation of the prosecutor in evidence during the pre-trial investigation: dissertation of the candidate of legal sciences. Lviv Polytechnic National University. Lviv, Ukraine.
PANCHUK, Oksana. 2013. Providing a witness with legal assistance in criminal proceedings: dissertation of the candidate of legal sciences. Kyiv, Ukraine.
PYASKOVSKY, Vadym. 2004. Methods of investigating human trafficking: dissertation of the candidate of legal sciences. Kyiv, Ukraine.
RESOLUTION OF THE SUPREME COURT. 2018. in case № 760/13866/15-k (proceedings № 51-927km18). Available online. In: http://reyestr.court. gov.ua/Review/72642008. Consultation date: 07/03/2021.
RESOLUTION OF THE SUPREME COURT. 2018. in case № 158/2313/15-k (proceedings № 51-3021km18). Available online. In: http://reyestr. court.gov.ua/Review/77393408. Consultation date: 07/03/2021.
RESOLUTION OF THE SUPREME COURT. 2019. in the case № 243/10386/17 (proceedings № 51-4420km19Z). Available online. In: http://www. reyestr.court.gov.ua/Review/86755073. Consultation date: 07/03/2021.
SERGEEVA, Diana; STARENKY, Oleksandr. 2018. Theoretical and applied research of the doctrine of material evidence in criminal proceedings. In: Bulletin of criminal proceedings. № 1. pp. 212–213.
SERGEEVA, Diana; STARENKYY Oleksandr. 2018. Theoretical and applied research of the doctrine of material evidence in criminal proceedings. In: Bulletin of criminal proceedings. № 1. pp. 212–213.
SHABALIN, Vladimir. 1975. Documentary fixation of evidence (forensic and procedural aspects): abstract of the dissertation of the candidate of legal sciences. Moscow, Russia.
SMYK, Svetlana. 2018. Grounds and procedural procedure for interrogation at the stage of pre-trial investigation in court: dissertation of the doctor of philosophy. Kyiv. Tarasa Shevchenko National University. Kyiv, Ukraine.
SOLOV`EV, Аleksandr. 2002. Procedural, psychological and tactical bases of interrogation at the preliminary investigation. Moscow. Russia.
TURKOT, Mykola; SHCHERBAKOVA, Ganna. 2015. “Tactics of presentation of evidence by the prosecutor during the trial of criminal proceedings against minors”In: Scientific journal of the National Academy of the Prosecutor’s Office of Ukraine. № 1, pp. 170–171.
VASQUE, Ekaterina. 2010. “Strategies of psychological influence during the interrogation: theoretical and applied aspects” In: Volga scientific journal. №1 (13). pp. 259–260.
YAKOVINA, Orest. 2020. Investigation of robberies committed by minors: dissertation of the doctor of philosophy. National Academy of Internal Affairs. Kyiv, Ukraine.
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