ЗАКОНОДАВЧЕ РЕГУЛЮВАННЯ РЕЄСТРАЦІЇ ЗАЯВ ТА ПОВІДОМЛЕНЬ ПРО КРИМІНАЛЬНІ ПРАВОПОРУШЕННЯ

Abstract

The article examines the procedural essence of entering a statement or report of a criminal offence into the Unified Register of Pre-trial Investigations.The study found that the beginning of pre-trial investigation (inquiry and investigation) has signs of uncertainty in the legislative consolidation of the grounds for justification of a non-procedural decision to enter or not to enter a statement or report of a criminal offence (crime, misdemeanour) into the Unified Register of Pre-trial Investigations (URPTI), which affects the effectiveness of the beginning of criminal proceedings: there is an opportunity for interested parties on both sides to arrangered tape in order to delay the investigation that has not yet been initiated and involve the courts in solving their problems;the burden on the investigating authorities (inquiries, investigations) and courts increases;uncertainty of the law (Article 214 of the CPC of Ukraine) regarding the decision to initiate criminal proceedings allows for unreasonable decisions. The analysis of the rulings of the first and third instance courts did not answer the question of what specific circumstances may indicate the commission of a criminal offence and serve as grounds for filing or not filing a criminal complaint or petition with the URPTI.This raises the question of the weakness of the legislative position regarding the ability of the parties to defend their interests within the CPC of Ukraine at the very beginning of criminal proceedings.The author has studied the legislative experience of initiating criminal proceedings under the CPC of the Republic of Azerbaijan, and the criminalof the Criminal Procedure Law of Latvia. The opening of criminal proceedings in these republics is more efficient and, in our opinion, can be used for implementation in the criminal procedure legislation of our country.It is proposed to supplement Art. 214(1) of the CPC of Ukraine and add in brackets to the word circumstances: "time, place, manner, action or inaction of a person", which will be indicative ofa criminal offence. This will eliminate all possible disputes over the interpretation of circumstances that indicate a criminal offence. In part 2 of this Article, replace the first sentence with: "The pre-trial investigation shall commence from the moment of issuance of the resolution on commencement or refusal to commence criminal proceedings and..." hereinafter.