PDF

IrynaBIHUNETS,

PhD student,  National Academy of Internal Affairs

SPECIFIC ASPECTS OF THE IMPLEMENTATION OF SPECIAL EXPERIENCE AND THE PROTECTION ROLE IN THIS PROCESS

In this article an author analyzes the Law of Ukraine “On Amendments to the Criminal and Criminal Procedural Codes of Ukraine Regarding the Inevitability of Punishment for Certain Crimes Against the Basis of National Security, Public Security and Corruption” of October 7, 2014, No. 1689-VII, gave rise to the institute of a special pre-trial investigation of criminal offenses in Ukraine, which is regulated by Chapter 24-1 of the Criminal Procedural Code of Ukraine.

Given that the institute of a special pre-trial investigation, or as it is called “correspondence investigation” is sufficiently new in the system of domestic criminal procedural legislation and law enforcement practice, the article is devoted to the study of the grounds for the implementation of special criminal proceedings in the criminal process of Ukraine, from the point of view of the implementation of protection powers. The article analyzes certain scientific and theoretical developments of modern legal science in the investigation of criminal proceedings in the absence of a suspect (accused), determines the nature and essence of such proceedings, examples of Ukrainian and European jurisprudence related to the implementation of a special pre-trial investigation in the absence of a suspect (the accused).

The purpose of this article is a theoretical and practical analysis of certain aspects of the implementation of a special pre-trial investigation and the role of a defense counsel in this process, the identification of issues in legal regulation and the provision of proposals for their solution.

Key words: pre-trial investigation, special pre-trial investigation, right to professional legal assistance, right to protection.

References

Criminal Procedure Code of Ukraine as amended and supplemented. as of February 20, 2018: (Official Text). K .: Palivoda A.V., 2018. 372 p. [ukr.]

Babchinska T. Some aspects of the exercise of the right to defense in criminal proceedings at the stage of pre-trial investigation. Entrepreneurship, economy and law. 2016. № 6. P. 166–170. [ukr.]

Pogoretsky M. A. Beginning of Pre-trial Investigation: Selected Issues. Bulletin of criminal proceedings. 2015. №1. P. 93–103. [ukr.]

On Amendments to the Criminal and Criminal Procedure Codes of Ukraine on the inevitability of punishment for individual crimes against the bases of national security, public security and corruption: Law of Ukraine of 07.10.2014 No. 1689-VII. URL: http://zakon0.rada.gov.ua/laws/show/1689-18/paran27#n27. [ukr.]

Constitution of Ukraine: Legislation in force as amended as of June 1, 2017: (official text). K .: Palivoda A. V., 2017. 76 p. [ukr.]

Treaty of the States Parties to the Commonwealth of Independent States on the interstate search of persons / CIS; International document dated 10.12.2010. URL: http://zakon2.rada.gov.ua/laws/show/997_n30. [ukr.]

On approval of the Instruction on the procedure for use by law enforcement agencies of the Interpol NCB in Ukraine in the prevention, detection and investigation of crimes / Ministry of Internal Affairs of Ukraine, the Prosecutor General's Office of Ukraine, the Security Service of Ukraine ...; Order, Instruction dated 09.01.1997 No. 3/1/2/5/2/2. URL: http://zakon3.rada.gov.ua/laws/show/z0054-97. [ukr.]

Decision of the Court of Appeal of Kyiv in Case No. 757/32520/16-к. URL: http://www.reyestr.court.gov.ua/Review/66927220. [ukr.]

Judgment of the European Court of Human Rights of 21.04.2011 in the case of Nechiporuk and Jonkalo v. Ukraine. URL: http://www.reyestr.court.gov.ua/Review/66927220. [engl.]

Decision of the Investigating Judge of the Pechersk District Court of  Kyiv dated May 31, 2017 in Case No. 757/6132/17-k. URL: http://www.reyestr.court.gov.ua/Review/67066087. [ukr.]

Judgment in the Goddy v. Italy Case, April 9, 1984 Series A, Vol. 76, p. 11, § 28. URL: https://verdictum.ligazakon.net/document/62365260. [engl.]

Convention for the Protection of Human Rights and Fundamental Freedoms / Council of Europe; International document dated 04.11.1950. URL: http://zakon3.rada.gov.ua/laws/show/995_004. [engl.]