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Enver ABIBULLAIEV,

Assistant Judge, the Kyiv District Court of Kharkiv

THE CHALLENGE OF AN INVESTIGATING JUDGE, JUDGE, COURT DURING THE CRIMINAL CASE

Providing independence of the criminal case participants, prudent and unbiased process are important in the realization of the tasks of criminal case. The institution of the challenge of an investigating judge, judge, court is one of the guarantees of independent and unbiased trial. Breach of the examining the challenge is the violation of the Code of Criminal Procedure provisions, what can lead to the unlawful court decision and question independent, prudent and unbiased justice. The article includes analysis of the practical issues of the concern for the procedure in respect of the challenge of an investigating judge (judge, court). The criminal case participants’ right of presenting the challenge in the oral form is justified. The registration procedure of the oral claim of the challenge with submitting it to another judge is offered. The consequences of the failure to hear the oral claim of the challenge is considered. The article analyses court decisions, which are made by the judge during the hearing of the challenge: meeting of a claim, dismissal of a claim, leaving the claim without consideration based on abuse of right to claim further challenge, refusing to accept the challenge claim based on missing the appropriate stage. The situations of the decision on the challenge in and out the conference room in accordance with the claim of the challenge and the decision, which the judge makes, are considered. The necessity of the introduction of changes to the articles 322 Ukrainian CCP about involving the claim of challenge of an investigating judge, judge, court, which hears the case individually and submitting the hearing to another judge, to the list of the grounds for deferring the trial.

Key words: challenge of an investigating judge (judge, court), form of presenting the challenge, registration procedure, types and forms of the court decisions while challenging.

References

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