THE GENESIS OF THEORETICAL IDEAS ABOUT THE OBJECT OF CONDUCT IN CRIMINAL PROCESS
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 63, Issue 2
Abstract
The article is devoted to the study of the genesis of theoretical ideas about the object of conduct in criminal process. Popular concepts are used by scientists to study the activities of the criminal process’s subjects and their objects of conduct are: status of the subject, procedural provision, powers, functions, jurisdiction, competence and jurisdiction. In doing so, these concepts are used interchangeably one another. The analysis of scientific views on object of conduct as an investigation and jurisdiction is done. Theoretical approaches to the object of conduct as an element of the criminal procedural competence are investigated. Legal positions concerning the object of conduct in the criminal process are systematized, common and distinctive features of theoretical concepts are defined. It is concluded that scientists predominantly define the under investigation and under court in the criminal process as: 1) the feature (a set of features, attributes) of the criminal case, materials of the proceedings; 2) the relationship between such a case and the subject of proceedings; 3) a set of rules for determining the investigating authority. It is determined that the main purpose under investigation and under court is the correct distribution of criminal cases, materials of proceedings between the relevant subjects. It was investigated that the authors, who are based on the basic provisions of the theory of criminal procedural competence, determine the object of organs’ conduct of justice as: 1) social, legal or criminal procedural relations (depending on the subject whose object of conduct was investigated); 2) criminal procedural activity; 3) observance of laws by bodies and officials.
Authors and Affiliations
Maryna Horodetska
Keywords
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