ПОВІДОМЛЕННЯ ПРО ПІДОЗРУ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ УКРАЇНИ

Abstract

The article examines and analyzes the issue of notification of suspicion in criminal proceedings in Ukraine. A comparison of the legislation of Ukraine and other states regarding the notification of suspicion was made. The problems of making a report of suspicion, the negative consequences that such a phenomenon entails, are outlined. On the basis of the analysis of the Criminal Procedure Code (hereinafter - CPC) of Ukraine and other countries, proposals are proposed to improve the legislation, eliminate gaps related to the notification of suspicion in criminal proceedings and proving the circumstances of a criminal offense. It is noted that despite the fact that the Criminal Procedural Code of Ukraine has been adopted for almost ten years, problematic issues still arise when deciding the procedure for applying the norms of this Code, during proving, collecting evidence for notifying a person of suspicion. In the CPC of Ukraine, two chapters - 22 and 37 - are devoted to the procedure of reporting a suspicion, which emphasizes the importance of this institution. It is noted that the legislator purposefully draws attention to this institution of criminal procedural law, and at the same time does not completely regulate and specify norms of such a nature that would exclude the possibility of controversial issues of notifying a person of suspicion. It is also stated that the violation of the law, which can be allowed by the prosecuting party when notifying a person of suspicion, usually leads to significant restrictions on the rights and freedoms of citizens. It was noted that the evidence, which is obtained legally and which makes it possible to make an assumption about the commission of a criminal offense by a certain person, should be recognized as evidence sufficient for the notification of suspicion. A legally adopted decision to notify a person of suspicion contributes to the achievement of the objectives of criminal proceedings, namely: improving the state of legality, protecting the rights and freedoms of citizens, as well as ensuring a quick, complete and impartial investigation.