APPLICATION CATEGORY TIME AS OBJECTIVE FORMS OF EXISTENCE OF MATTER WHEN CALCULATING THE TERM OF PRETRIAL INVESTIGATION IN CASES WHERE AFTER NOTIFYING THE COMPLETION OF PRE-TRIAL INVESTIGATION PROSECUTORS ORDERED THE PRETRIAL INVESTIGATION TERM RECOVERY

Abstract

The article examines the use of the category of time as an objective form of existence of matter, in terms of how in accordance with the rules of criminal procedure law and the general principles of criminal proceedings should be calculated pre-trial investigation in the event that after notification of completion at that time, the prosecutor issued a resolution to recover the pretrial investigation, and after some time a new decision was made to complete the pre-trial investigation. It is determined that the issue of time is key in criminal proceedings and finds its procedural expression in the definition of “procedural deadlines”. And such a category as procedural deadlines significantly affects the criminal procedural legal relationship. In accordance with the norms of criminal procedural law and general principles of criminal proceedings, if after the initial notification of the completion of the pre-trial investigation after some time the prosecutor issued a decision to renew the pre-trial investigation, and after some time a new decision to complete the pre-trial investigation must be calculated according to general rules. This period does not include the period of acquaintance with the materials of the pre-trial investigation by the parties to the criminal proceedings in the manner prescribed by Article 290 of the CPC of Ukraine, which took place after the final (last) notification of the prosecutor on the completion of the pre-trial investigation. The term of acquaintance with the materials of the pre-trial investigation by the parties to the criminal proceedings on the basis of previous notifications of the prosecutor on the completion of the pre-trial investigation shall be included in the term of the pre-trial investigation.