Observance of due process of law in the investigating judge’s rulings

Abstract

The article analyzes the investigating judge’s rulings and the process of their issuance with a view to ensuring compliance with the due process of law. Due process of law in criminal proceedings means the procedure (rules, algorithm) of actions and procedural decisions necessary to fulfill the tasks of criminal proceedings regulated by the Criminal Procedure Law (CPC), which is provided and used by the subjects involved in criminal proceedings and is available to the subjects involved in the criminal procedure sphere. According to the author, the procedural status and functions of an investigating judge in criminal proceedings determine the specific (distinctive) relationship of his/her activities with the category of “due process of law”, which is caused by the exercise of judicial control over the observance of the legal procedure provided for by law during pre-trial investigation and international cooperation in criminal proceedings.
 The level of observance of due process during the pre-trial investigation and international cooperation in criminal proceedings is reflected in the decisions of the investigating judge. Also, the decision of the investigating judge must be made in accordance with the established rules - in due procedure and form. It is substantiated that despite the fact that an investigating judge is legally enshrined as a subject of making rulings in criminal proceedings (amendments to Article 369 of the CPC, 2019), a number of rule-making approaches to this activity need to be adjusted. The author proposes to understand the decision of an investigating judge as a judicial act in the form of a ruling on procedural issues within the competence of an investigating judge aimed at fulfilling the tasks of criminal proceedings and exercising the function of judicial control in pre-trial investigation in accordance with due process of law, which establishes the rights and obligations for the subjects of criminal procedural legal relations involved in a particular procedural activity (investigative (search) actions, measures to ensure criminal proceedings, extradition). It outlines the peculiarities of the requirements to the investigating judge’s rulings and the procedure for their issuance. The author’s vision of improving the provisions of the CPC of Ukraine in the context under study is expressed.