Problematic issues of judicial control in the criminal process of Ukraine

Abstract

The article considers the peculiarities of the legislative regulation of the institution of judicial control in the criminal process of Ukraine. The authors who paid attention to the research of this institute of criminal procedural legislation, the purpose of the research are determined. In particular, as a result, the definition of judicial control as an independent institution of procedural law has been clarified, taking into account both recent changes in procedural legislation and taking into account current changes. It is pointed out the imperfection of certain terms of the procedural law, which, among other things, affect the content of the institution of judicial control. The inconsistency of the content of the Criminal Procedure Code of Ukraine with the principles that preceded its adoption was emphasized. A gap in the procedural law has been identified, which consists in the lack of regulation of the actions of officials of the prosecution in the event of a court decision such as returning the indictment to the prosecutor as not meeting the requirements of the law. A comparative analysis of the criminal procedural norms that regulated the institution of additional investigation during the CPC of the USSR, with the rules that give the court the right to return the indictment to the prosecutor as one that does not meet the requirements of the law. The procedural powers of the investigating judge outside the stage of pre-trial investigation in criminal proceedings have been defined, and their inadequacy to restore the constitutional rights of a person, which could potentially be violated, has been criticized. The constitutional prescriptions that define human and civil rights are analyzed, their implementation is assessed in terms of the problem covered; It is concluded that the requirements of the Criminal Procedure Law do not comply with the Constitution of Ukraine, in particular, attention is focused on the possibility of restricting the constitutional rights of a person in the absence of an effective mechanism for their renewal. The conclusion was made on the basis of the analysis of constitutional norms and doctrine of law with regard to the definition of justice. Certain provisions of the law have been criticized, and suggestions for their improvement have been made. As a result, it is proposed to define judicial control as a direct verification by an investigating judge of the legality and validity of decisions, actions or omissions of the prosecution and other state bodies in criminal proceedings.