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IrynaCHURIKOVA,

Associate Professor, Department of Criminal Procedure, National Academy of Internal Affairs, Candidate of Law

THE TERM OF RECEIPT BY THE PERSON WHO FILED A PETITION FOR THE INVOLVEMENT OF AN EXPERT, THE DECISION OF THE INVESTIGATING JUDGE ON THE ORDER OF THE EXAMINATION

This article is concerning on analysis of problematic issues of receiving (by a person who applied for forensic response support) an investigating judge decision on carrying out a forensic examination.

Amendments made in Criminal Procedural Code of Ukraine have caused some defects in organizational and procedural formalities during criminal proceedings. Firstly, an investigator spends time for applying to an investigating judge for forensic response support purposely for carrying out a forensic examination in criminal proceedings and consequently for consideration of named in the court. Secondly, it also takes time for receiving an investigating judge decision on carrying out a forensic examination in criminal proceedings.

Nowadays majority of investigators who apply to аn investigating judge purposely for forensic response support in criminal proceedings have problem in receiving of investigating judge decision well-timed, more specifically immediately after rendering of the decision. Moreover, Criminal Procedural Code of Ukraine does not provide time period during which an investigating judge has to issue a document about judgment of this issue.

By way of the above mentioned problem solving and for preserving of rights and freedoms of subjects of criminal proceedings subjects it is necessary to define in Criminal Procedural Code of Ukraine a time period for receiving (by a person who applied for forensic response support) an investigating judge decision on carrying out a forensic examination. There is provided to expound part 6 of article 376 of Criminal Procedural Code of Ukraine as follows: “Subjects of criminal proceedings have right to receive in the court a copy of verdict or decision. A copy of verdict or decision (judgment) is to be given to defendant, representative of legal entity of which proceedings is conducted, prosecutor and investigator immediately after its adoption”. Apart from that it is offered to explicate the title of article 376 of Criminal Procedural Code of Ukraine as “Adoption of judge decision and receiving a copy of it by subjects of criminal proceedings”.

Key words: an expert examination, involving an expert, a resolution of a judge, an order of making an expert examination, an order of involving an expert.

References

The Criminal Procedure Code of Ukraine of 13.04.2012. Voice of Ukraine. 2012. May 19. (No. 90-91).[ukr.]

The Criminal Procedure Code of Ukraine: current legislation as amended September 14, 2018: Officers. text. K .: Alerta, 2018. 320 p. [ukr.]

O. Romasev, V. Monastyrska. Updated expertise in criminal proceedings: first results / Tatarov Farinnik Golovko Law Corporation. URL: https://barristers.org.ua/news/onovlena-ekspertyza-v-kryminalnomu-protsesi-pershi-reultsaty/. [ukr.]

On Amendments to the Criminal Procedure Code of Ukraine on Granting Investigators and Prosecutors the Right to Appoint Individual Investigative Actions in Situations Where Such Actions Do Not Affect the Rights and Freedoms of Other Persons: Draft Law No. 8273 of 04/17/2018. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=63868. [ukr.]

Criminal Procedure Code of Ukraine: Scientific and Practical Commentary / by General. ed. Professors V. G. Goncharenko, V. T. Nor, M. E/ Shumil. K .: Justinian, 2012. 1224 p. [ukr.]

On Some Issues in Respect of Reasonable Deadlines for Civil, Criminal, and Administrative Offenses Courts: Resolution of the Plenum of the High Specialized Court of Ukraine for Civil and Criminal Cases No. 11 of 10/17/2014. URL: http://zakon.rada.gov.ua/laws/show/v0011740-14. [ukr.]

Instruction on recordkeeping in local general courts, courts of appeal of oblasts, courts of appeal of cities of Kyiv and Sevastopol, Court of Appeal of the Autonomous Republic of Crimea and High Specialized Court of Ukraine for Civil and Criminal Cases, approved by the Decree of the State Judicial Administration 2013 of December 173 . [ukr.]