Гарантії прав і законних інтересів учасників кримінального провадження під час проведення окремих слідчих (розшукових) дій

Abstract

The purpose of the article is to determine the basic guarantees of the rights and legitimate interests of the participants in criminal proceedings in the conduct of investigative (search) actions such as search, examination, examination of a corpse related to exhumation. Methodology. The methodological basis of the study is the dialectical-materialistic method of scientific knowledge of social and legal phenomena, as well as general scientific and special methods, in particular, system analysis, system-structural, formal-logical, functional, typological, modeling and forecasting. The scientific novelty of the article is the systematic analysis of the provisions of the Criminal Procedure Code of Ukraine, which determine the procedural procedure for initiation and search, examination, inspection of the corpse related to exhumation. Proposals regarding amendments to the Criminal Procedure Code of Ukraine have been submitted and substantiated aimed at improving the above-mentioned procedures related to the collection and verification of evidence during the pre-trial investigation and, at the same time, to the possibility for participants of criminal proceedings to exercise their rights and legitimate interests. Conclusions. In order to minimize the shortcomings, abuses in the activities of investigators, prosecutors and operatives, which limit the rights and legitimate interests of participants in criminal proceedings during the search, examination, inspection of the corpse for exhumation, it is proposed to: to amend paragraph 2 Art. 104 (2) of the Criminal Procedure Code of Ukraine the part of giving the investigator, the prosecutor the duty of continuous fixing of the search by technical means; empower the representative lawyer and his/her trustees to defend/refute the validity of the questions put to the expert, their completeness, competence and impartiality of the expert; to determine in Art. 239 of the Criminal Procedure Code of Ukraine the rights of relatives and relatives of the deceased, their representative, to be present at the examination of the corpse for the purpose of exhumation at the discretion of the investigator, the prosecutor, to seek the use of certain technical means to ensure proper recording of information, to certify the correctness of the procedural action and record its results