THE ROLE OF THE PROSECUTOR DURING SPECIAL COURT PROCEEDINGS IN ABSENTIA

Abstract

The article examines the problematic aspects of resolving the issue of conducting special court proceedings (in absentia) and the role of the prosecutor in this process. The study was conducted taking into account changes in legislation, in particular the Law of Ukraine “On Amendments to the Criminal Procedure Code of Ukraine to improve certain provisions in connection with the special pre-trial investigation” of 27.04.2021. Given these changes, the issue of special court proceedings in absentia remains relevant and requires detailed study, as such changes are new and in fact unexplored by scientists. Thus, during the trial there may be cases when the accused intentionally hides from the pre-trial investigation or court abroad, which hinders the administration of justice, therefore, it is the institution of special criminal proceedings that allows to initiate and end such criminal proceedings to implement legal mechanisms. determine the implementation of the principle of inevitability of responsibility for the crime. The exercise by the prosecutor of his / her powers while maintaining the public prosecution in court in absentia has its own specifics and is caused by difficulties due to the lack of established practice and shortcomings of the legal regulation of this institution. Court decision on the implementation of special court proceedings (in absentia) is accepted only on the basis of a relevant petition filed by the prosecutor, but must be approved first (Article 297-4, Part 3 of Article 323 of the CPC of Ukraine). In the article the author pays special attention to the exclusivity of criminal proceedings in this order, determines the list of grounds that are necessary for special criminal proceedings (in absentia), emphasizes the importance of the prosecutor’s role in such proceedings and concludes that special court proceedings are impossible. (in absentia) directly without a prosecutor, who is one of the key figures in the proceedings.