Determination of liability in criminal proceedings: current state

Abstract

The article is devoted to the investigation of the prosecutor's change of responsibility in criminal proceedings and the problems that arise when the prosecutor uses the specified institute. Attention was drawn to the increase in the number of law enforcement agencies with investigative functions, which increased the relevance of the highlighted issue. The judicial decision on the change of jurisdiction in criminal proceedings has been analyzed. The main positions of the Criminal Court of Cassation as part of the Supreme Court regarding the determination of the jurisdiction of the State Bureau of Investigation, the National Anti-Corruption Bureau of Ukraine, the Security Service of Ukraine and the National Police of Ukraine are highlighted. Attention is focused on the decision of the Joint Chamber of the Criminal Court of Cassation as part of the Supreme Court, which defines clear criteria for recognizing the pre-trial investigation as effective. In addition, the approaches proposed by scientists regarding the application of the norms of the criminal procedural law, which regulate the institution of criminal proceedings, are summarized, and the expediency of including in the list of decisions of the investigating judge, which can be challenged during the pre-trial investigation, the decision of the investigating judge on the refusal to satisfy the complaint against the prosecutor's decision on determination of liability. The range of problems that occur when the jurisdiction of a criminal proceeding is changed and the consequences of a change of jurisdiction by the prosecutor on the body of a pre-trial investigation, which, according to Article 216 of the Criminal Procedure Code of Ukraine, is not authorized to conduct a pre-trial investigation, for example, abuse by the prosecutor of his right to change jurisdiction with from one body of pre-trial investigation to another. The importance of proper substantiation by the prosecutor of the resolution on changing jurisdiction, as well as the introduction of judicial control over the legality of the prosecutor's determination of jurisdiction for a specific body of pre-trial investigation, is highlighted.