Procedure for obtaining the status of a suspect: directions of reforming

Abstract

The scientific article analyzes the procedural procedure for acquiring the status of a suspect under the Criminal Procedure Code of Ukraine. It is stated that a person acquires the procedural status of a suspect from the moment of delivery of a notice of suspicion, and in case of impossibility to serve in person - after sending a notice of suspicion in another way. It is emphasized that it can be significantly more difficult to deliver a notice of suspicion in person if a person avoids meeting or appearing with an investigator or prosecutor. It is substantiated that short deadlines do not allow effective use of a formal summons to an investigator or prosecutor. The article draws attention to the fact that it is quite difficult to document the impossibility of personally delivering a notice of suspicion. It is emphasized that sending a report of suspicion in another way (at the place of residence, work) may be complicated by the fact that the place of residence or work may be absent or unknown to the investigator, prosecutor. It is noted that the terms "place of residence" and administration of "place of work" do not have an unambiguous interpretation, which allows to question the appropriateness of sending a notice of suspicion to a known investigator, prosecutor's ddress or place of work. The issue of the impossibility of confirming that the person received an e-mail with a notice of suspicion was raised. Based on the analysis of judicial practice and the practice of the High Council of Justice, it is stated that decisions to refuse to apply measures to ensure criminal proceedings in case of insufficient measures to serve a notice of suspicion are not uncommon. It is stated that in the conditions of the need to deliver a notice of suspicion to a personally suspected or related person, the presence or absence of a person's desire to receive a notice of suspicion is of great importance. That is, the acquisition of procedural status of a suspect depends on the desire of the suspect. It is substantiated that the optimal way to reform the legislation is to obtain the procedural status of a suspect on the basis of the relevant resolution of the investigator, prosecutor.