Abstract
The purpose of the article is to analyse the criminal procedure legislation of Ukraine with regard to the concept of servicing a written notice of suspicion as an integral part of notifying a person of suspicion, as well as to define current theoretical and practical problems, while applying such a novelty of the legislation as acquiring the status of a suspect by a person whose location has not been established. Methodology. In view of the said aim, specificity of the object and subject of the research, the methodological tool has been chosen. During the research, a system of methods of scientific cognition has been applied: the formal logic (abstraction, analogy, deduction, induction, synthesis) – to study the content of the matter under consideration; the systematic analysis – to outline directions of improvement of the criminal procedure legislation of Ukraine; the theoretical approach – in the process of study of scientific, educational and methodological literature. The scientific novelty consists in the systematic analysis of the criminal procedure legislation of Ukraine, taking into account the requirements of international treaties, the consent to binding force of which has been granted by the Verkhovna Rada of Ukraine, as well as determination of theoretical and practical problems, which, if not solved, may lead to non-compliance of the procedural activity of the prosecution when serving a written notice of suspicion, as an integral part of notifying a person of suspicion, with the objectives of criminal proceeding and the warrantees set out by the international treaties. Based on the results of the research, the following conclusions have been drawn: 1) the provisions of Part 1 of Article 42 of the CPC of Ukraine (as amended by the Law No. 1689-VII dated 07.10.2014), which determine that the suspect shall be deemed a person against whom the notice of suspicion was drawn up, however, who has not been served with such a notice due to impossibility to determine his/her location, but the relevant measures for serving thereof stipulated by the CPC of Ukraine have been taken, shall not be applicable because they are contrary to the international treaty – the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the consent to binding force of which has been grated by the Verkhovna Rada of Ukraine; 2) the inability to notify a person of suspicion due to lack of data on his/her location contradicts the public interest in protecting an individual, society and the state from criminal offenses, ensuring prompt, complete and impartial investigation. Therefore, it is necessary to develop a comprehensive draft of complex changes that will take into account practical experience of application and will be able to balance private and public interests in criminal proceeding and comply with the Constitution of Ukraine, Article 6 of Convention and the case law of the ECHR. Keywords: suspicion; notice; notice of suspicion; suspect; written notice of suspicion; service of a written notice of suspicion; a person whose location has not been established.
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