ОСОБЛИВОСТІ ПРОЦЕСУАЛЬНОГО ПОРЯДКУ ДОСУДОВОГО РОЗСЛІДУВАННЯ У КРИМІНАЛЬНИХ ПРОВАДЖЕННЯХ ЩОДО НАРОДНИХ ДЕПУТАТІВ УКРАЇНИ

Abstract

The article provides a comprehensive study of theoretical and practical problems of pre-trial investigation in criminal proceedings against people’s deputies of Ukraine, given the regulations of current criminal procedure legislation and the theory of criminal procedure law of Ukraine. It is emphasized that the current legislation of Ukraine, which regulates the activities of the People’s Deputy of Ukraine, is based on the principles of traditional law and bears the imprint of the totalitarian past, so now it can not fully ensure the effectiveness of the institution of inviolability, leading to violations of human rights and freedoms. Criminal proceedings against a People’s Deputy of Ukraine may be carried out only under the condition of the procedural guidance of the Prosecutor General (acting Prosecutor General) or the Deputy Prosecutor General – the head of the Specialized Anti-Corruption Prosecutor’s Office and can be initiated only when there is sufficient evidence to indicate signs of a criminal offense, and the adequacy of the data is assessed in each case according to the internal convictions of the investigator. The main condition for the notification of suspicion against people’s deputies is the availability of sufficient evidence. The procedural procedure for summoning an investigator, prosecutor, summons during a pre-trial investigation in criminal proceedings against people’s deputies of Ukraine is a set of procedural actions to draw up a summons (another document), send and serve it in the manner prescribed by procedural law, confirm receipt of summons, meet deadlines notification of the person about the call, as well as the procedural consequences of non-appearance on the call. The procedural position of the suspect-People’s Deputy of Ukraine must be considered in accordance with the procedural conditions. The general legal basis for the application of measures to ensure criminal proceedings is the decision of the investigating judge on the basis of an agreed request for their application with the Prosecutor General (acting person of the Prosecutor General). Exceptions are certain measures to ensure criminal proceedings, which can be applied without the decision of the investigating judge. The directions of improvement of the procedural order of decision-making on the beginning of pre-trial investigation of criminal offenses committed by the People’s Deputy of Ukraine on the basis of entering information into the Unified Register of pre-trial investigations, resolving issues of jurisdiction, notification of suspicion, application of criminal proceedings.