Chapter 36-1 of the CPC of Ukraine as a ground for closing criminal proceedings

Abstract

The emergence of a new ground for closing criminal proceedings in the current Code of Criminal Procedure of Ukraine – in connection with the decriminalization of an act committed by a person – has caused ambiguous assessments by scholars. The application of the new procedure in judicial practice necessitates a thorough scientific study of the problem in order to prevent violations of the law. The purpose of the study was to determine the practical feasibility of the adopted amendments for pre-trial investigation and court proceedings. To achieve this goal, the following methods were used: dialectical, systemic and structural, comparative legal, formal and logical, and modelling. The study describes the actions of participants in criminal proceedings at the stage of pre-trial investigation and in court during consideration of the said procedure. The author compares the new procedure with other existing special investigative procedures and emphasizes their differences. The author calls into question whether the legislator has singled out this procedure as a type of special procedure. The author comes to the conclusion that the subject under study is an exclusively improved basis for closing criminal proceedings or further continuation of their consideration, depending on the right of the defence to close or continue the proceedings in court. The author analyses the court practice of application of this criminal procedural institute. Attention is focused on the need for investigators, prosecutors, and judges to take into account the requirements of the new grounds for closing criminal proceedings and to prevent violations of the law, since during its consideration the suspect and the accused are granted an additional alternative right to agree or disagree with the closure of proceedings, which is a guarantee of human rights and freedoms. The author's conclusion that it is inappropriate for the legislator to classify the procedure for closing proceedings as a separate type of special procedure is justified by haste and lack of appropriate scientific research. The study provides the basis for improving the methodology of procedural actions of the prosecution during the closure of criminal proceedings and may be used by the legislator for further regulation of the criminal proceedings' procedure