THE PROBLEM OF REGULATING THE TERMS OF PRE-TRIAL INVESTIGATION IN CRIMINAL PROCEEDINGS AFTER THE RETURN OF THE INDICTMENT TO THE PROSECUTOR

Abstract

The article is devoted to the study of the terms of the pre-trial investigation in criminal proceedings after the return of the indictment to the prosecutor. Conducting investigative (search) actions outside the limits of the pre-trial investigation leads to recognition of such evidence as inadmissible. At the same time, in accordance with part 1 of Art. 28 of the Criminal Procedure Code of Ukraine during criminal proceedings, each procedural action or procedural decision must be performed or made within a reasonable time. Ambiguity of regulation and calculation of pre-trial investigation terms after the return of the indictment to the prosecutor in the conditions of the formation of martial law are, today, the most relevant for scientific research. The issue of regulating the terms of pre-trial investigation in criminal proceedings after the return of the indictment to the prosecutor is in the plane of a number of legally undefined issues, regarding which there is also no unity of opinion among scientists. Undoubtedly, the indictment, which is signed and approved by the prosecutor, must meet the requirements of Art. 291 of the Criminal Procedure Code of Ukraine, in particular with full data on the identity of the accused. Because the absence of such information in the indictment makes it impossible to carry out a qualitative and complete review of the criminal proceedings by the court and is the basis for the return of the indictment. However, it is already known that any procedural actions other than those specified in the decision on the return of the indictment, the request for the application of coercive measures of a medical or educational nature, are not allowed. In addition, on the basis of the analysis of judicial practice, which regulates the procedure for calculating the terms of pre-trial investigation, it was established that domestic criminal procedural legislation in terms of the topic of the study needs radical modernization. In particular, it is proposed to make changes to Clause 3, Part 3 of Art. 314 and Art. 219 of the Criminal Procedure Code of Ukraine by supplementing the legislation with specific terms to eliminate the shortcomings identified by the courts in the indictments and a clear procedure for calculating the terms of the pre-trial investigation as a whole.