THE NORMATIVE AND LEGAL MODEL OF PRE-TRIAL INVESTIGATION UNDER THE CURRENT CRIMINAL PROCEDURAL CODE: THEORETICAL AND PRACTICAL ISSUES AND WAYS OF THEIR SOLUTIONS

Abstract

The article is devoted to the theoretical and practical issues of pre-trial investigation in the criminal process of Ukraine, the reasons for their occurrence, and also the ways to solve them. It is substantiated that applications and notifications should be checked and registered in a separate register to ensure transparency and controllability of this type of activity by the prosecutor's office and the court. Conventionally, they can be divided into those types: which obviously indicate the fact of a criminal offence; which are the subject to inspection within the time limits established by law; and on which it is necessary to conduct a covert inspection in the pretrial investigation. In the structure of the authority of pre-trial investigation it is proposed to create operational units equipped with modern technology which as bodies of criminal prosecution will perform their functions specifically for specific criminal proceedings. It is argued that the investigator should perform the investigation, and not to be a part of prosecution. Thus in activity of the prosecutor the supervisory and administrative functions should not be mixed. Therefore, the pre-trial investigation bodies have proposed an organizational and management structure (will have the following scheme: “Manager”, “Head”, “Executors”), according to which the functions of the head of the pre-trial investigation body and the prosecutor will be clearly separated. It is proved the necessity of preparing a doctrinal concept of modern pre-trial investigation. At the same time, it is substantiated that the new structure of pre-trial proceedings can in no case be prepared on the platform of the current Criminal Procedural Code. It should be based on a theoretically processed principle of a clear division of functions of investigation, prosecution, defense, prosecutorial supervision, judicial control and resolution of the case on the merits. In practice, accordingly to the Art. 6 of the Constitution of Ukraine, it must ensure the consistent implementation of the constitutional principle of separation of powers.