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DmytroSVOIAK,

Judge, the  Pereyaslav-Khmelnytskyi City Court of Kyiv Region, Teacher of the National School of Judges of Ukraine

SOME PROBLEM QUESTIONS OF STATING CHARGE AND HIS VALUE IN AN INDICTMENT ARE IN A JUDICIAL TRIAL

There are analyzed, the definition and understanding of the concept of “the formulation of the charge” based on examples from judicial practice as well as procedural significance and consequences of its incorrectness, including incompleteness, in the indictment, as in the legal science and in the practice of law enforcement in the article.

Also there are proposed examples of the definition of “formulation of the prosecution” in both scientific works and in law-enforcement activities and the definition of “formulation of the charge” on the basis of the investigated material.

It is noted about the need and the key role of the formulation of the prosecution in the indictment as an element of the prosecution, the lack of compliance with which legislative requirements or lack thereof, is an obstacle to judicial review, with the observance of the tasks and general principles of criminal proceedings. It is argued that the formulation of the charge in the indictment is an independent element of the charge and can not be identified with the statement of the actual circumstances of the criminal proceedings and its legal qualification. In order to comply with the clarity of the wording of the prosecution, it should not include circumstances that do not affect the confirmation of the guilt of the person and the provisions of the Criminal Code of Ukraine, for which the person is prosecuted, are not foreseen by the disposition.

There is a lack of legal grounds for appointing a new trial in the court of first instance based on the results of an appeal review of a court decision on the merits, in the event of an insufficiency or lack of wording of the charge in the indictment.

For further enforcement, the author suggests defining the concept of “formulating the prosecution” as a concise and precise statement of the allegation that a particular person was guilty of committing a criminal offense on the basis of actually established circumstances of the criminal proceedings, which are of legal significance for solving the issue of bringing that person to liability for a specific article of the Criminal Code Ukraine in the context of the formula of legal qualification.

Key words: accusation, formulation of charge, indictment, return of indictment to prosecutor.

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