Проблемні питання забезпечення права на оскарження ухвал слідчого судді під час досудового розслідування

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The article is devoted to the investigation of the issue of appeal during the pre-trial investigation of the decisions of the investigating judge, which are not provided by the current CPC. Based on the analysis of the practice of the Supreme Court, it was concluded that such decision are divided into two types: decisions which are not provided by any norm of the CPC and decisions which are not provided for specific judicial review proceedings. It is determined that the decision of the investigating judge, which is not provided by any norm of the CPC (the decision is made outside the scope of jurisdiction) should be subject to appeal. The problematic issue of appealing the decisions of the investigating judge, which is not provided for a specific judicial review proceedings, which is the lack of unity of case law on the possibility of opening appeal proceedings on such complaints. It is concluded that it is necessary to formulate the criteria that must meet the decision of the investigating judge in order to include it in the subject of appeal in the context of the study. On the example of the study of the decision of the investigating judge to return the petition for revocation of the seizure of property, a formal and essential criterion is distinguished. It is concluded that the decisions of the investigating judge which are not provided for specific judicial control proceedings should be subject to appeal, provided that such a decision meets the formal and substantive criteria. It is noted that such an approach can provide a balance between ensuring the right of a person to appeal against the decisions of the investigating judge and the rational burden on the judicial system.Keywords: appeal; appeal, pre-trial investigation; decision of the investigating judge.