Open AccessPOWERS OF INVESTIGATING JUDGE IN UKRAINE AND GERMANY: COMPARATIVE CHARACTERISTIC
Author(s) -
P. M. Malanchuk,
I. V. Bordun
Publication year - 2019
Publication title -
pravovì gorizonti
Language(s) - English
Resource type - Journals
ISSN - 2519-2353
DOI - 10.21272/legalhorizons.2019.i17.p:104
Subject(s) - ukrainian , political science , law , state (computer science) , subject (documents) , economic justice , criminal justice , federal state , public administration , library science , philosophy , linguistics , algorithm , computer science
One of the components of criminal justice is the institute of an investigating judge. He has been introduced into the criminal process of our state relatively recently, but in the years of its existence already has certain achievements. The Institute of Investigatory Judges is an innovation in Ukraine and the entire post-Soviet area. Despite the fact that the above-mentioned subject was introduced into the criminal process of Ukraine recently, in comparison with other subjects, however, it plays a significant role. Indeed, it is he who is the guarantor of the observance of the constitutional rights and freedoms of persons suspected or accused of committing a criminal offense. But there are states where this institute has been introduced a long time ago and all questions regardingits existence are not relevant. In such states, the institute of investigator’s judge has already worked in many forms and has undergone significant changes. The article presents an analog of a Ukrainian investigating judge in the Federal Republic of Germany, although in Germany it has its name. He is called a district judge or investigating judge. The development of the Institute of Investigative Judge in Ukraine requires a thorough investigation of its powers and the study of this institute, based on the experience of other states. That is why the article reflects the main purpose with which the institute of the investigating court in Ukraine and the Federal Republic of Germany was created, considered the classification of scientists regarding the powers of the aforementioned entity, and also shows the relationship of the investigatingjudge with other participants in the pre-trial investigation. The article also defines the classification of investigators and reflects who and in what conditions may hold this post. However, the main purpose of this article is to compare the competence of the investigating judge of Ukraine, which was introduced indomestic legislation in 2012, and the competence of the investigating judge of the Federal Republic of Germany, whose prototype originated in the territory of Germany as early as the 13th century. We also plan to show the common and distinctive features of one institution in the two countries, as well as propose some changes to the Ukrainian criminal process, based on the experience of the Federal Republic of Germany.Keywords: institute of the investigating judge in Ukraine, the competence of the investigating judge, investigator judge in Germany, district judge, investigating judge.