International experience in regulating of the pre-judicial investigation bodies jurisdictions

Abstract

The article is devoted to the study of the concept and legal implementation of the institution of the pre-judicial investigation bodies jurisdictions in Ukraine and the legal systems of European countries and the USA.
 Analyzed the approaches to determining responsibility and the peculiarities of the organizational component of responsibility of pre-trial investigation bodies are also described.
 It is noted that the lack of detailed legal regulation of the institution of liability in Ukrainian legislation determines it necessary to search for approaches in scientific doctrine, as well as practical solutions based on the example of existing legal systems of other countries.
 The article analyzes that, similar to the provisions of Ukrainian legislation, the definition of the concept of jurisdiction in various legal systems is quite rare. In addition, the analysis of different jurisdictions indicates the similarity of approaches to understanding the rules of jurisdiction. Similar to the Ukrainian legislation, the aspect of determining and changing responsibility belongs to the powers of the prosecutor’s office.
 It was noted that one of the main differences between pre-trial investigation bodies jurisdiction in Ukraine and in other European countries (Germany, France, and England) and the United States is the presence in Ukraine of institutionally separated subjects, in addition to the police, which are authorized to carry out pre-trial investigations.
 The legal norms that indicate the rules of jurisdiction determine the direction of activity of pre-trial investigation bodies, but unfortunately there is no regulation of the relationship between the investigation and compliance with the relevant jurisdiction. Moreover, the tendency to increase the number of pre- trial investigation bodies requires detailed legal regulation and clear procedural and procedural norms which would provide an opportunity to avoid a conflict of jurisdiction for pre-trial investigation bodies.
 Also was analyzed the European Union experience in solving the problem of the conflict of jurisdictions of bodies that carry out pre-trial investigation of member states. As part of this was described the work of the Eurojust which is authorized to solve problems with the specified conflicts of jurisdictions.
 Separately the article points out the relationship between violations of jurisdiction and the doctrine of «fruits of the poisoned tree» using the case law of the European Court of Human Rights and individual European countries as an example.