ВІДСТОРОНЕННЯ ВІД ПОСАДИ ЯК ЗАХІД ЗАБЕЗПЕЧЕННЯ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

Abstract

The article considers the legal grounds and procedure for removal from office in criminal proceedings, analyzes the range of procedural problems that arise in the implementation of the investigated measure. As a result, it was established that removal from office in criminal proceedings belongs to the measures to ensure criminal proceedings. Important aspects that require consideration are the grounds for dismissal, as well as the appropriate procedural procedure for the implementation of the measure under investigation. The study reveals the need for further study and detailed legal regulation of such a measure of criminal proceedings as removal from office, given the underdevelopment of its effectiveness and significance by the pre-trial investigation authorities. The main task of the current CPC of Ukraine is to respect and protect the rights and legitimate interests of persons involved in criminal proceedings, to ensure the legality and reasonableness of restrictions on constitutional human rights and freedoms at the pre-trial stages of criminal proceedings. Measures to ensure criminal proceedings are directly related to the restriction of human rights. This institute is given considerable attention both at the legislative level - within the CPC of Ukraine provides for a separate year II, and in the practical implementation of its provisions - the implementation of specific criminal proceedings. Modern criminal procedural legislation of Ukraine, enshrining a new system of coercive measures, proposed a humanistic approach to the restriction of labor rights of the individual and established preliminary judicial supervision over the legality and justification of temporary removal from office of a suspect or accused. In the system of measures of criminal procedural coercion, removal from office occupies a special place due to the high probability of creating social difficulties for a suspect or accused person who loses his job, position and position in society, receiving a statutory level of material support from the state. Therefore, there are problems of unclear legal regulation of removal from office, the practice of applying this measure to ensure criminal proceedings has not been properly formed, which has led to a decrease in the number of satisfied requests of the prosecution. The following problems can be argued: first, the lack of justification for the need to restrict the labor rights of citizens, second, the growing role of legal guarantees to protect the rights of citizens in restricting their constitutional rights, and third, the lack of a clear list of grounds for dismissal. , the content of this measure to ensure criminal proceedings and legal regulation of the legal consequences of removal from office.