ЗНАЧЕННЯ ТА СУТЬ ПОВЕРНЕННЯ ОБВИНУВАЛЬНОГО АКТА ТА КЛОПОТАННЯ ПРО ЗАСТОСУВАННЯ ПРИМУСОВИХ ЗАХОДІВ МЕДИЧНОГО АБО ВИХОВНОГО ХАРАКТЕРУ ПРОКУРОРУ

Abstract

Purpose. The purpose is to investigate the essence of the return of the indictment and the request for the use of compulsory measures of medical or educational nature of the prosecutor and the identification of its significance in criminal proceedings. Methods. The methods used are analysis, synthesis, comparison, analytical and statistical. Results. It is established that the importance of the institute for the return of the indictment, the institute for the return of the request for the use of compulsory measures of a medical nature and the institution for the return of the petition for the use of compulsory measures of educational nature of the prosecutor, if they do not meet the requirements of the CPC of Ukraine in the system of current norms of the CPC of Ukraine and generally accepted principles and norms of international law, should be considered as important elements of the mechanism for ensuring a human right to a fair trial. The main aspects that determine their essence, such as ensuring by means of a return of the indictment by the court, a request for the use of compulsory measures of a medical nature and a petition for the use of compulsory measures of educational nature of the prosecutor on the constitutional rights of the accused and the victim for judicial protection and access to justice, as well as realization of other principles of criminal proceedings. It is stated that after analysing the legislative regulation of existing institutes of returning to court proceedings in the first instance, their limited regulatory consolidation, which could lead to abuses of pre-trial investigation, delaying consideration, violation of the rights and interests of participants in criminal proceedings. Conclusions. It is recommended to formalize (to standardize) the reasons for the return of the indictment, the request for the use of compulsory measures of a medical or educational nature of the prosecutor, to establish clearly defined deadlines for eliminating the identified deficiencies, and to legislatively establish the duty of the prosecutor to immediately send the indictment, a request for the use of compulsory medical or educational measures character to the court after eliminating the identified shortcomings.