Проблемні аспекти процедури повідомлення про підозру в контексті реалізації принципу верховенства права.

Abstract

The article analyzes the essence of the rule of law as a fundamental, universally recognized principle in criminal proceedings. The necessity of observing this principle to ensure the protection of human rights and freedoms at the stage of pre-trial investigation is noted.It is noted that the legal consequences entail both the fact of compiling a report on suspicion of committing a criminal offense (procedural document) and the fact of taking actions regarding the delivery of such a document to a person within the time and method established by law.Problematic legal issues of the implementation of the rule of law at the stage of pre-trial investigation during the reporting of suspicion (including regarding certain categories of persons) are considered.Special attention is paid to the subject composition of persons who have the right to write and give a person a written report on suspicion in accordance with the method prescribed by law.It is determined that today the law enforcement practice testifies to the existing difficulties in implementing the rule of law at the pre-trial investigation stage despite the fact that clear rules are formally enshrined in the current Criminal Procedure Code of Ukraine. It is concluded that the existence of different positions in the national law enforcement practice does not meet the practice of the European Court of Human Rights.It is argued that the implementation of the rule of law as a fundamental, defining position for the subject of law enforcement should be provided with effective mechanisms established by law. The procedure for reporting suspicion should be uniform in all criminal proceedings. This will be consistent with the rule of law in criminal proceedings.Based on the results of the study, proposals to improve the procedure for reporting suspicion by making appropriate changes to the Criminal Procedure Code of Ukraine are justified. It is noted that the consolidation of clear rules and procedures for criminal proceedings in the criminal procedure law is a guarantee of the implementation of the rule of law.