ПРОБЛЕМИ ЗАБЕЗПЕЧЕННЯ ЗАКОННОСТІ У ДІЯЛЬНОСТІ ПРОКУРАТУРИ УКРАЇНИ НА ДОСУДОВОМУ РОЗСЛІДУВАННІ

Abstract

The purpose of the study is to analyze and summarize the forms and methods of unlawful behavior of officials of the Prosecutor’s Office of Ukraine at the stage of pre-trial investigation. Methods of investigation: documentary analysis of open sources, comparative analysis, summarization of the information received, which made it possible to systematically trace the state of law enforcement officials of Ukraine at the stage of pretrial investigation. Results. For the first time, typical violations of officials of the Prosecutor’s Office of Ukraine at the stage of pretrial investigation, which adversely affects the rights of individuals, have been systematically investigated and analyzed. Conclusions. The current state of criminal proceedings in Ukraine is characterized by systemic mass violations of the rights of persons involved in the orbit of pre-trial investigation. The Criminal Procedure Code (CPC) of Ukraine in 2012 provides ample opportunity for the prosecution party to abuse its rights. In these circumstances, the high expectations relied on the control of the prosecutor’s office. However, these hopes have not come true, and instead, prosecutors are the source of systematic violations of human rights. Such opportunities provide numerous legal and factual restrictions on the right of individuals to appeal under the CPC decisions, actions or omissions of officials of the prosecution party, as well as the actual irresponsibility and impunity of officials of prosecuting authorities for violations committed. Established systemic violations, such as entering, without sufficient reasons and grounds, information in the Unified Register of Pretrial Investigations (URPI) on criminal offenses initiated by investigative bodies; conducting investigations against persons whose information has not been entered into the URPI; neglect of any notion of reasonable time; mass unreasonable searches and arrests; forcing persons to enter into doubtful plea agreements and the like.