REASONS FOR INVESTIGATORS TO MAKE MISTAKES AS A FACTOR IN VIOLATING THE FUNDAMENTAL RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS

Abstract

The scientific article is devoted to the study of the legal nature of errors of the investigative body of pre-trial investigation, which is authorized to conduct, in accordance with the provisions of criminal procedure law, criminal procedure, in addition, the analysis of problematic aspects. The reasons for the mistakes of the investigator, in this article, means the grounds or reasons for the actions of higher entities to carry out procedural control, which entails the correction of errors by investigators of the pre-trial investigation, etc. The scientific article establishes an inexhaustible list of reasons for the investigator’s mistakes, which increase the level of errors in the pretrial investigation of criminal proceedings. The author of the article points out that the reasons for investigators’ mistakes in criminal proceedings are: overload of the pre-trial investigation body and the statistics of the workload of various law enforcement agencies of Ukraine; lack of “patronage” over the young specialist – investigator, which would accelerate the acquisition of new knowledge, skills, both individual (investigative) investigative actions and pre-trial investigation in general; lack of a single “procedural vision” of further investigative (search) actions, tactics of pre-trial investigation by the head of the pre-trial investigation body, the head of the investigative department, the procedural head, as well as the investigator; insufficient or no control by the head of the pre-trial investigation body, the head of the investigative department, the procedural head and / or the investigating judge; unfavorable conditions of logistics; insufficient level of competence, knowledge and skills of officials of pre-trial investigation bodies. The conducted scientific research provides an opportunity to create scientific recommendations that will become a legal safeguard for mistakes made by investigators in the future.