INSTITUTE FOR THE RESUME OF PRE-TRIAL INVESTIGATION AND TRIAL PROCEEDINGS IN CRIMINAL PROCEEDINGS: LEGAL ASPECT

Abstract

The article analyzes the concepts of resumption of pre-trial investigation, criminal proceedings, pre-trial investigation period available in the criminal procedural legislation of Ukraine, as well as the grounds and procedure for making such procedural decisions.The attention is focused on the absence of a unified approach of the legislator to calculating the terms of pre-trial investigation of crimes and misdemeanors during the resumption of pre- trial investigation in connection with the cancellation of the resolution on the suspension of pre- trial investigation, and in the case of issuing such a resolution in the manner established by Article 615 of this Code.Attention is drawn to the need to amend the Criminal Procedure Code of Ukraine in terms of regulatory regulation of the procedure and grounds for the resumption of judicial proceedings, since such a procedure is not provided for by the current law, and the corresponding wording is proposed. It was concluded that the Criminal Procedure Code of Ukraine does not regulate the issue of the possibility of closing criminal proceedings if, at the time of consideration of the issue of resuming the pre-trial investigation or the judicial investigation of criminal proceedings on the grounds that martial law has been terminated or abolished, or an exchange of a suspect as a prisoner of war has been carried out or such an exchange has not taken place, the statute of limitations for bringing criminal liability has expired, or a law has been adopted that eliminates criminal liability for a committed criminal offense. In this regard, it is proposed to supplement the relevant articles of the Criminal Procedure Code of Ukraine with provisions that regulate the indicated issues.