Abstract
The article deals with development of a doctrinal system of effectiveness standards for the investigation of corruption crimes. The study used a number of philosophical, general scientific and specific methods of gaining scientific knowledge, including: dialectical method, hermeneutic method, method of systemic and structural analysis, methods of analysis and synthesis, functional method, formal legal method and modeling method. It is proposed to define the investigation effectiveness as the feature of pre-trial investigation, which is characterized by the ability to achieve the tasks envisioned in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) and can be assessed by checking the number of objectively necessary procedural actions and the effectiveness of making intermediate and final procedural decisions. It is emphasized that the general standards of investigation effectiveness, formulated by the case law of the ECHR, are partially taken into account in Art. 2 of the CPC of Ukraine (Law No. 4651-VI, 2012) through stating the need of investigation being efficient, complete and impartial. The authors formulate scientific approaches to determining the main criteria for the effectiveness of pre-trial investigation of corruption crimes.
Highlights
One of the tasks of criminal proceedings in Ukraine is to ensure an efficient, complete and impartial investigation so that everyone who commits a criminal offense is prosecuted to the extent of their guilt, no innocent person is charged or convicted, no person is subjected to unreasonable procedural pressure, and that the proper legal procedure be applied to each participant in the criminal proceedings (Art. 2 of the Criminal Procedure Code (CPC) of Ukraine (Law No 4651-VI, 2012))
General issues of effectiveness standards for the pre-trial investigation in the context of ECHR practice In the CPC of Ukraine (Law No 4651-VI, 2012), the term “еffectiveness” in relation to pre-trial investigation is used in Art. 36, 37, 38, 39, 39-1, the corresponding requirement is not formulated in Art. 2 or 3 of the CPC of Ukraine (Law No 4651-VI, 2012)
As can be seen even from these three quotations, the ECHR has developed the following standards of effectiveness: the obligation to take action; ex officio response; preservation of evidence; efficiency and reasonable speed; good faith; impartiality; accessibility for the public and stakeholders. These standards must be taken into account in the conduct of pre-trial investigation in general, given the provisions of Art. 17 of the Law of Ukraine On the Implementation of Decisions and Application of the Case Law of the European Court of Human Rights (Law No 3477-IV, 2006) and Part 5 of Art. 9 of the CPC of Ukraine (Law No 4651-VI, 2012)
Summary
One of the tasks of criminal proceedings in Ukraine is to ensure an efficient, complete and impartial investigation so that everyone who commits a criminal offense is prosecuted to the extent of their guilt, no innocent person is charged or convicted, no person is subjected to unreasonable procedural pressure, and that the proper legal procedure be applied to each participant in the criminal proceedings (Art. 2 of the Criminal Procedure Code (CPC) of Ukraine (Law No 4651-VI, 2012)). The creation of special standards for pre-trial investigation of various categories of criminal offenses, on the one hand, will contribute to a more complete, fast and impartial pre-trial investigation, and on the other hand, will become a criterion for assessing the effectiveness of such investigations, which in turn will allow efforts to improve it, which will generally contribute to the inevitability of punishment of perpetrators. Corruption-related criminal offenses are no exception in this context. Their latency, significant negative economic, political and social impact on the individual, society and the state as a whole have become the basis for increasing complexity of existing standards of pre-trial investigation and the development of new ones
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