CASSATION APPEAL OF INVESTIGATIVE JUDGES’ RULINGS AS A TOOL FOR RESOLVING PROBLEMATIC ISSUES

Abstract

In this scholarly work, the author explores the issue of ensuring consistency and uniformity in judicial practice, including the practice of investigating judges of the High Anti-Corruption Court and judges of the Appeals Chamber of the High Anti-Corruption Court. Beginning his research on the issue, the author concludes that consistency and uniformity in judicial practice are elements of the principle of the rule of law. The author notes that, as a general rule, consistency and unity of practice are ensured by the Supreme Court, but it has no influence on the judicial practice of judges during pre-trial investigations, since the vast majority of such decisions are not appealed to the Supreme Court on their merits. In an attempt to prove the inconsistency of the judicial practice of investigating judges with the principles of consistency and unity, the author cites examples of legal issues that have not been finally resolved in practice. First, the author examines the inconsistency of practice regarding (1) the possibility of declaring evidence inadmissible at the pre-trial investigation stage and (2) the moment of declaring a person wanted internationally. By examining the judicial practice of investigating judges of the High Anti-Corruption Court and judges of the Appeals Chamber of the High Anti-Corruption Court, the author concludes that there is insufficient consistency and unity in judicial practice, as well as the absence of an effective mechanism for the final resolution of problematic issues arising during pre-trial investigations, given the inability of the Supreme Court to formulate conclusions on the application of relevant legal norms. In the next section, the author proposes developing a mechanism to ensure the consistency and uniformity of judicial practice in pre-trial investigations by making appropriate amendments to the Criminal Procedure Code of Ukraine. The author believes that it is necessary to grant the right to appeal the rulings of investigating judges and the rulings of the court of appeal, adopted as a result of the review of the rulings of investigating judges, in cassation proceedings on the grounds of the absence of a conclusion by the Supreme Court on the application of the relevant provisions of law. The author believes that, over time, the proposed mechanism should ensure the consistency and uniformity of judicial practice of investigating judges and judges of courts of appeal, which will increase the effectiveness of the Ukrainian judicial system.