ВИДИ КРИМІНАЛЬНИХ ПРОЦЕСУАЛЬНИХ ВІДНОСИН НА ДОСУДОВОМУ РОЗСЛІДУВАННІ... МІЖ СЛІДЧИМ ТА ІНШИМИ СУБ’ЄКТАМИ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

Abstract

The article is devoted to the study of problematic issues related to the types of criminal procedural relations at the pre-trial investigation stage between an investigator and other parties to criminal proceedings. The purpose of the article is to classify the types of criminal procedural relations at the pre-trial investigation stage between an investigator and other parties to criminal proceedings. Based on a systematic and comparative analysis of the legal provisions of the current CPC of Ukraine and the by-laws regulating pre-trial investigation, the author proves that at the pre-trial investigation stage, there is a variety of criminal procedural relations between its subjects. The nature of these legal relations is different. Some of these legal relations have only their own peculiarities and specific features, which are determined by the legal status of their subjects, procedural functions performed by certain subjects in criminal proceedings, their procedural interests, stages of pre-trial investigation, etc. This diversity of criminal procedural legal relations at the pre-trial investigation stage allows classifying these relations according to certain criteria with a view to improving the criminal procedural status of their subjects, and to enhance the efficiency of pre-trial investigation and strengthening criminal procedural guarantees of participants to criminal proceedings in achieving the goals and fulfilling the tasks of criminal proceedings. The author substantiates that based on the results of the analysis of doctrinal approaches to the classification of criminal procedural relations at the pre-trial investigation stage according to such criteria as: the task of criminal proceedings, procedural interest of criminal proceedings subjects, procedural functions of criminal proceedings subjects; sources of regulation of criminal procedural relations, content of criminal procedural relations, the most productive for studying the problems of procedural status of investigators and enhancing. The author offers her own classification of criminal procedural relations at the pre-trial investigation between the investigator and other subjects of criminal proceedings.