LEGAL REGULATION OF ACTIONS AFTER THE COURT RETURNS THE INDICTMENT TO THE PUBLIC PROSECUTOR

Abstract

The article examines current issues of criminal procedural law related to the return of an indictment by the court to the public prosecutor and the determination of pre-trial investigation time limits following such return. The relevance of the topic stems from the absence of clear provisions in the Criminal Procedure Code of Ukraine regarding the entity responsible for remedying deficiencies in an indictment, as well as the time limits within which such deficiencies must be corrected and the indictment resubmitted to the court. The study analyzes the provisions of criminal procedural legislation, the legal positions of the Criminal Cassation Court of the Supreme Court, the Joint Chamber of the Criminal Cassation Court of the Supreme Court, the Grand Chamber of the Supreme Court, explanations provided by the High Specialized Court of Ukraine for Civil and Criminal Cases, and the case law of the European Court of Human Rights. Particular attention is devoted to identifying the proper entity responsible for remedying deficiencies in an indictment after its return by the court. The article substantiates the conclusion that this responsibility should rest with the public prosecutor, since the law expressly designates the public prosecutor as the recipient of the returned indictment. The study also addresses the issue of the period within which deficiencies in a returned indictment must be remedied. It argues that such actions are, in essence, carried out within the framework of criminal proceedings at the pre-trial investigation stage and should therefore be linked to the time limits established by Article 219 of the Criminal Procedure Code of Ukraine. The article proposes an algorithm for calculating the pre-trial investigation time limits following the court’s return of an indictment to the public prosecutor. This algorithm is based on determining the unused portion of the pre- trial investigation period remaining at the moment the indictment was initially submitted to the court. The conclusion is drawn that the application of the concept of a «reasonable time» alone, without defined time limits, may create risks for the principle of legal certainty and lead to inconsistent law enforcement. Accordingly, the article proposes a more precise mechanism for calculating time limits following the return of an indictment, which would contribute to ensuring legality, predictability of criminal proceedings, and minimizing the risk of their closed due to the expiration of pre-trial investigation time limits.