Open AccessISSUES AND PROSPECTS FOR IMPROVEMENT IN SIMPLIFYING THE PRE-TRIAL INVESTIGATION
Author(s) -
A. O. Vorobei
Publication year - 2021
Publication title -
aktualʹnì problemi vìtčiznânoï ûrisprudencìï
Language(s) - English
Resource type - Journals
eISSN - 2664-6226
pISSN - 2408-9257
DOI - 10.15421/392124
Subject(s) - legislation , criminal procedure , property (philosophy) , inquest , duty , criminal code , law , criminal law , political science , enforcement , order (exchange) , psychology , business , philosophy , epistemology , finance
The article deals with the problematic issues of pre-trial investigation of criminal offenses, under investigation by the units of the National Police of Ukraine, have not been studied in the scientific literature. The author of the article points out the problems of the legal status of a head of an inquest body, the author's definition of this term is given and proposed changes to the current criminal procedural legislation, which should eliminate legal gaps. Considered the inconsistencies of the current criminal procedural legislation in terms of regulating the order of attachment for seizure of the property during the pre-trial investigation of criminal offenses. Analyzed judicial practice on this issue and proposed changes to legislation according to the needs of practice, what consist release from a duty side of prosecution to apply with a solicitor about the arrest of property during pre-trial investigation of criminal misconducts. With the aim of non-admission of abuses of law enforcement authorities by the right, it offers in the head of 25 criminal procedural code of Ukraine to envisage a right for persons in that property is temporally withdrawn or such property belongs that, apply in a court with a solicitor about verification of validity of exception and storage of material proofs by the side of prosecution and to require a transmission on storage to them of such material proofs. The drawbacks are noted in establishing the terms of pre-trial investigation of criminal offenses, which are caused by the need to conduct psychiatric and other forensic examinations, it is proposed to provide in the Criminal Procedure Code of Ukraine for an inquiry period of 2 months from the moment a person is informed of suspicion. The author's specified legal inconsistencies in the issue of regulating the conduct of a search during an inquiry, it is indicated that there is a need to standardize Articles 234–236 of the Criminal Procedure Code. Due to fact that the activities of the inquest bodies of the National Police of Ukraine are noticeably inefficient, it is proposed to introduce a shortened inquiry procedure in order to implement the principle of economy in the criminal process and saving resources used during the pre-trial investigation.