Теоретичні та практичні аспекти процесуальної діяльності сторони обвинувачення під час складання письмового повідомлення про підозру

Abstract

The purpose of the article is to analyze the criminal procedural legislation of Ukraine regarding the procedural activities of the prosecution party in writing a written notice of suspicion in order to identify current theoretical and practical problems of the legislation and to provide suggestions on ways to solve them. Methodology. The methodological toolkit was chosen taking into account the aim, the specificity of the object and the subject of research. Scientific methods of systematic analysis and generalization are crucial. Scientific novelty lies in the systematic analysis of the criminal procedural legislation of Ukraine, taking into account the requirements of international treaties, the consent of which has been provided by the Verkhovna Rada of Ukraine, other documents and practices of the European Court of Human Rights, and in identifying theoretical and practical problems, without overcoming their procedural activities. the charge of drafting a written notice of suspicion will not meet the objectives of criminal proceedings and the safeguards set out in international treaties. According to the results of the study, the following conclusions were formulated: 1) notification of suspicion – is the result of the mental (intellectual) activity of the investigator and / or prosecutor to evaluate the evidence available in the criminal proceedings, which with sufficient convincing indicate the likelihood of a criminal offense by a certain person, expressed in a procedural document and, which is drawn up in writing by authorized entities in accordance with the requirements of the criminal procedural law of Ukraine, including in part clearly defined and differentiated competence and is awarded to a person suspected of a criminal offense that makes the acquisition by that person procedural status of the suspect; 2) the legislative provisions governing the institute of the notification of suspicion need a clearer settlement, which will allow to avoid conflicts in the process of their enforcement, and therefore we propose: a) making changes to Art. 110 of the CPC of Ukraine, in which the “notification of suspicion” is to be included in the list of procedural decisions or to determine that a procedural decision in the form of a written notice of suspicion is made in the form of a resolution; b) amendments to Art. 276 CPC of Ukraine, in the name and text of which the word «cases» in all cases is replaced by the word «grounds» in the corresponding cases; c) in Article 276 of the CPC of Ukraine, delete paragraph 2 of Part 1. Keywords: suspicion; notification; suspect; addition; delivery; sufficiency of evidence; reasonable suspicion.