Міжнародний та міждержавний розшук як обов’язкова умова здійснення спеціального досудового розслідування (in absentia)

Abstract

The purpose of the article is to study the international and interstate search as a basis for conducting a special pre-trial investigation (in absentia) in order to disclose the mentioned legal categories for identification of the gaps in legal regulation and offer solutions for their elimination. 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 a comprehensive study of the criminal procedure legislation of Ukraine in terms of international and interstate search as a basis for conducting a special pre-trial investigation (in absentia) to identify the problems in legal regulation and law enforcement, as well as to determine the ways to solve them. The amendments to the Criminal Procedure Code of Ukraine in terms of the proper regulation of the international search procedure have been developed to achieve the objectives of the criminal proceeding. Based on the results of the research, the following conclusions have been drawn: 1) putting a suspect on the international and/or interstate wanted list shall be a prerequisite for conducting a special pre-trial investigation (in absentia); 2) the provisions of the laws of Ukraine, which contradict the provisions of the CPC of Ukraine and envisage non-application of the requirements for putting a person on the interstate or international wanted list when deciding the issue on conducting a special criminal proceeding against a suspect, an accused, staying in the temporarily occupied territory of Ukraine or in the area of antiterrorist operation, shall not be applied; 3) the current legislation provides for the implementation of international search only through the channels of the International Criminal Police Organization – Interpol; 4) the moment of putting a suspect on the international wanted list shall be the date of the Interpol’s publication of the relevant wanted persons notice; 5) at present, the interstate search conducted on the territory of the Commonwealth of Independent States is not actually being carried out; 6) the fact that the CPC of Ukraine envisages the interstate search as a basis for conducting a special pre-trial investigation shall be unjustified; 7) exclusion of the international search as a basis for conducting a special pre- trial investigation (in absentia) shall be deemed inadmissible; 8) the provisions of the CPC of Ukraine governing a special pre-trial investigation in terms of international and/or interstate searches require changes and additions