Methods of the Investigation of the Interview at the Pre-Trial Stage in the Court Hearing in the Criminal Proceeding

  • S. Smyk

    Judge of the Pechersk District Court of Kyiv,
    Kyiv, Ukraine

Keywords: interview, pre-trial investigation, methodology, method, investigating judge

Abstract

The methodological principles of research of interrogation at the stage of pre-trial investigation in the court session in criminal proceedings are find out. A set of scientific methods, the use of which is aim at ascertaining the essence of certain legal categories that characterize the essence of this institute of the criminal process, is outline.

It notes that the application of the system of various methods allows to significantly increasing the verifiability, reliability and effectiveness of obtaining data, to find out the peculiarities of the implementation of guarantees by the participants in the criminal proceedings for conducting interrogations at the stage of pre-trial investigation in the court session.

With the help of such methods, a systematic approach, both structural and functional, describes the place and role of the investigating judge in conducting interrogations at the stage of pre-trial investigation in a court session, determines the conditions and grounds for interrogating a witness, victim (including simultaneous interrogations of two or more already questioned persons) at the stage of pre-trial investigation in the court session, the legal consequences of the interrogation during the pre-trial investigation in the court session were clarified. The application of the above-mentioned methods made it possible to ascertain not only the systemic content of the concept of «interrogation at the stage of pre-trial investigation in a court session», but also the scope of legislation on the legal regulation of the grounds and procedural order of its implementation.

Summing up, it should be concluded that the totality of diverse in its content and nature of cognitive tasks, the specifics of the subject under study necessitate the use of the whole complex of the above-mentioned methods that enrich each other, and in their totality give a holistic perception, which enables to ensure the validity of the findings and recommendations.

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Author Biography

S. Smyk

Judge of the Pechersk District Court of Kyiv,
Kyiv, Ukraine


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Constitutive basics of philosophy of law and methodology of law