Open AccessStructure of judicial control conduct
Author(s) -
H.V. Byesyeda
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.65.60
Subject(s) - complaint , appeal , jurisdiction , law , set (abstract data type) , control (management) , political science , procedural law , judicial opinion , judicial review , psychology , computer science , artificial intelligence , programming language
The article examines the structure of judicial control proceedings in the pre-trial investigation. Five stages of this proceeding have been singled out and analyzed: 1) a stage, which consists in a set of procedural actions of an investi-gating judge aimed at resolving the issue of the possibility of judicial control over the relevant appeal of the subjects of criminal proceedings; 2) stage, which consists in a set of procedural actions of the investigating judge, aimed at organizing their consideration; 3) consideration on the merits by the investigating judge of a complaint or petition; 4)decision-making by the investigating judge based on the results of consideration of the petition or complaint; 5) execution of the decision of the investigating judge. The stages and procedural actions of the investigating judge at each stage are investigated. The procedure for consideration of petitions, applications and complaints is proposed, taking into account the case law and the provisions governing the rules of court proceedings. Based on the analysis of case law on the decisions made by investigating judges based on the results of consideration of petitions filed in violation of the rules of jurisdiction, petitions filed by persons who do not have the right to do so or petitions not considered by the investigating judge, the need to determine the grounds for their return in a separate rule of criminal procedural law. Judicial practice on the necessity and possibility of consideration of petitions and / or complaints in the absence of participants in criminal proceedings is analyzed. It is proposed to amend Part 3 of Art. 295-1 of the Criminal Procedure Code of Ukraine, stating it as follows: “The absence of the suspect and defense counsel, who were duly notified of the place and time of the trial, to participate in the petition to extend the pre-trial investigation, does not preclude its consideration.” The opinion expressed in science regarding the need for the victim to participate in the consideration of the petition for the application of a measure of restraint to the suspect was supported and the author’s draft amendments to the CPC in this part were proposed. Emphasis is placed on the peculiarities of the investigator’s consideration of petitions, applications or complaints in the judicial control proceedings in the pre-trial investigation.