PROBLEMATIC ISSUES OF FORMAL DETERMINATION OF THE DURATION OF PRE-TRIAL INVESTIGATION

Abstract

The article is devoted to the analysis of the legal nature of procedural terms in criminal proceedings with an emphasis on the problems of formal determination of the duration of pre-trial investigation. The author characterizes the functional significance of time limits as a guarantee of observance of human rights and freedoms, and also reveals their role in ensuring the efficiency of criminal proceedings and fulfillment of the tasks of criminal proceedings.It is found that the current criminal procedure law contains a number of contradictions and gaps in the legal regulation of procedural terms of pre-trial investigation, in particular, criminal proceedings in which the person who committed a criminal offense has not been identified.The author analyzes the correlation between the imperative construction of clause 3-1, part 1, Article 284 of the CPC of Ukraine and the practice of the Supreme Court, according to which, when deciding on the closure of criminal proceedings in which no notice of suspicion has been served due to the expiration of the statute of limitations for bringing to criminal responsibility, the judge is not relieved of the obligation to verify the completeness, objectivity and impartiality of the pre-trial investigation.The author suggests ways to improve the legislation in order to complete the legal regulation of the pre-trial investigation stage. The author assesses the experience of introducing formally defined terms of “factual” criminal proceedings and supports its fair criticism.