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Irina SHAPOVALOVA,

Judge of Pavlograd City District Court of Dnipropetrovsk Region, coach of the National School of Judges of Ukraine, graduate student of Dnipropetrovsk State University of Internal Affairs

APPLICATION OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS BY THE JUDGE INVESTIGATOR AT APPOINTING AN EXAMINATION

The article examines the issue of judicial control by the judge investigator in appointing an examination in the context of applying the practice of the European Court of Human Rights and analyzes the feasibility of applying judicial control when examining by an investigating judge requests for an examination, which is a pressing issue after making changes to the second part of the Article 242 of the CPC Of Ukraine from 03.10.2017 year.

When investigating the problem of guaranteeing human rights during the exercise of control powers by the judge investigator when granting permission to conduct investigative (search) actions, in the context of ensuring respect for private life, the author can not overlook the issue of assigning the legislator to the competence of judicial control of the appointment of the examination by amending the Article of the 242 CCP during a pre-trial investigation by the judge investigator, the author considers it necessary to emphasize the inadmissibility of the substitution by the judicial control institution of functions that are inherent in the body pre-trial investigation.

Among the areas of solution of the identified problems of ineffective judicial control, which is attributed to the functional duties of the judge investigator during the conduct of investigating judges of their authority, most respondents of the sociological survey (46.6% of the answers provided) noted, in particular, the exclusion from the competence of the judge investigator of petitions granting permission for conducting of examinations.

The author concluded, that effective judicial control carried out by the judge investigator during a pre-trial investigation when deciding on the appointment of an examination should include not the general procedure for the appointment of an examination, regulated by Part 2 of Article 242 of the CPC of Ukraine, but solely for the supervision of an examination that meets the objectives of a particular criminal proceeding, providing the parties with criminal proceedings an alternative expertise, opportunities to influence the choice of the expert’s person, participate in conducting an expert examination and interrogating the expert and during the trial of a criminal proceeding, for life and health of the person, the methods and means by which they will be compelled to obtain specimens for examination.

Key words: judicial control, examination, investigator judge, practice of the ECtHR.

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