Fomin Serhii Borysovych

Associate Professor of the Department of Criminal Procedure and Operative-Investigative Activity at the National Law University named after Yaroslav Mudryi — candidate for the position of judge of the Cassation Criminal Court within the Supreme Court

Biography

He has worked at the National Law University in various positions since 1991 to the present: assistant, associate professor of the Department of Criminal Procedure, since 2012 — associate professor of the Department of Criminal Procedure and Operative-Investigative Activity. From 2005 to 2009, he was the director of the Criminal Procedure Department at the East-Ukrainian Law Company "Legal Center." In 2010, he obtained a lawyer's certificate.

PhD in Law (National Law Academy named after Y. Mudryi). Dissertation topic — "Terms in criminal proceedings: concept, classification, and functional purpose."

He has a number of scientific publications, including on the competence of NABU.

Participated in the development of the law on the SBI

Member of working group No. 2 under the Verkhovna Rada Committee on legislative support of law enforcement activities regarding the development of systemic changes to the Criminal Procedure Code.

Participated in the development of draft laws:

  • "On the State Bureau of Investigation" No. 3042,
  • "On Amendments to Certain Legislative Acts to Strengthen the Role of Civil Society in Combating Corruption Crimes" No. 1165,
  • "On Ensuring the Right to a Fair Trial" No. 1656,
  • "On Amendments to the Law 'On the Judiciary and the Status of Judges' to Improve the Principles of Organization and Functioning of the Judiciary in Accordance with European Standards" No. 1497.

Prepared proposals and comments on draft laws:

  • "On Private Detective (Investigative) Activity" No. 3726,
  • "On Amendments to Certain Legislative Acts of Ukraine to Ensure the Activities of the State Bureau of Investigation" No. 4099-1,
  • "On Amendments to Certain Legislative Acts of Ukraine in Connection with the Adoption of Amendments to the Constitution Regarding Justice in Terms of Prosecutor's Office Reform in Accordance with European Standards",
  • on amendments to the Criminal Procedure Code, etc.

Prepared a conclusion on the necessity of developing new laws "On Operative-Investigative Activity" and "On Law Enforcement Agencies and Law Enforcement Activities" (2016).

Views on the reform of the Criminal Procedure Code

He believes that the criminal procedure should introduce the institution of counter-accusation, the Criminal Procedure Code should provide norms allowing the announcement of a search for witnesses and victims if their whereabouts are unknown, that the procedure for controlling the commission of a crime should be enshrined in the Criminal Procedure Code instead of the current regulation in by-laws operating under secrecy classification. In his opinion, the Criminal Procedure Code should provide the right of the defense party to appeal the ruling of the investigating judge on the conduct of a special pre-trial investigation.

Family ties

Divorced. Has a son and a daughter.

Declaration

The declaration lists only an apartment of 61.6 sq. m in Kharkiv, acquired in 2013, and the right to use a VAZ car from 2006 (owner — ex-wife).

In 2017, he received a salary of 251,550 UAH.

Recommendations

Among the persons who can recommend him, he indicated the head of the Department of Criminal Procedure and Operative-Investigative Activity at the National Law University named after Y. Mudryi, professor Oksana Kaplina, professors and associate professors of the National Law University. On the website of teacher reviews, he has positive characteristics from students.

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