GROUNDS AND PROCEDURE FOR OBTAINING THE PROCEDURAL STATUS OF A SUSPECT IN THE CRIMINAL PROCESS OF UKRAINE

Abstract

The stage of criminal proceedings – prosecution begins from the moment the person is notified of the suspicion of committing a criminal offense, in connection with which the key issue is the procedure and grounds for acquiring the status of a suspect. The article examines the problematic aspects of a person’s acquisition of the status of a suspect during the pre-trial investigation and further consideration of criminal proceedings in court, including in terms of ensuring the exercise of his rights and freedoms. Considerable attention is paid to the procedure of acquiring the status of a suspect in case of impossibility to directly serve a written notice of suspicion by the investigator or prosecutor on the day of its preparation due to failure of the pre-trial investigation body to establish its location. The key requirement is the compliance of the notice of suspicion with the requirements of Art. 277 of the CPC of Ukraine and the presence of documentary evidence that the pre-trial investigation body took measures to establish the whereabouts of this person, but they did not give positive results. If a person is not only temporarily absent from his place of residence but also does not know where he is and when he will appear, priority over private interests should be given to the public interest and the tasks of criminal proceedings. In such a situation, the application of a special procedure for notification of suspicion is justified and appropriate. The study analyzes the case law of the European Court of Human Rights and domestic courts on procedural violations by investigators and prosecutors, as a result of which the courts found that a person did not acquire the procedural status of a suspect, which inevitably leads to failure to comply with criminal proceedings under Art. 2 of the CPC of Ukraine, as well as violations of human rights and freedoms. The article focuses on the set of measures that an investigator and prosecutor must take to serve a notice of suspicion on a person in the manner prescribed by the CPC of Ukraine for the service of notices. These actions must be properly documented, including the use of modern technical means, if necessary to confirm the timeliness and completeness of the measures taken in court.