Службові особи, уповноважені на вчинення процесуальних дій в екстериторіальному просторі України
- Institution: Kharkiv National University named after V.N. Karazina
- ORCID: https://orcid.org/0000-0002-5382-3882
- Year of publication: 2021
- Source: Show
- Pages: 78-91
- DOI Address: https://doi.org/10.15804/ksm20210405
- PDF: ksm/32/ksm3205.pdf
Officials authorized to perform procedural actions in the extraterritorial space of Ukraine
In the article, the author, first of all, defines the concept of extraterritorial space and its structural elements, it helps to determine the scope of officials. In accordance with the norms of the Criminal Procedure Code, officials who are authorized to perform procedural actions in the extraterritorial space of Ukraine are indicated. However, the author points to gaps and conflicts of criminal procedure law related to these officials. The article also analyzes the process of replacing an official authorized to carry out procedural actions on the territory of diplomatic missions and consular posts of Ukraine abroad, on aircraft, sea or river vessels outside Ukraine under the flag or with the identification mark of Ukraine, if this vessel is assigned to port located in Ukraine. It is noted that the issue of criminal procedural jurisdiction over the crew of the object, which is launched into space is not regulated in the Criminal Procedure Code of Ukraine, does not determine the official authorized to perform procedural actions and the mechanism of its replacement is absent. In the conclusions, the author proposes amendments to the criminal procedure legislation of Ukraine in order to fill the gaps and resolve conflict issues.