Theoretical aspects of the beginning of pre-trial investigation

Abstract

The article analyzes the problematic issues of the beginning of pre-trial investigation, the order of application of Article 214 of the Criminal Procedure Code of Ukraine. Certain aspects of the procedure for filing a report of a crime and opening criminal proceedings are analyzed.The problematic issues of normative regulation of the beginning of pre-trial investigation are investigated. Proposals for possible improvement of the process of documenting crimes and criminal offenses are presented, taking into account the interests of the parties to criminal proceedings in the field of their protection and ensuring a full and impartial pre-trial investigation. The objective socio-economic reasons and the situation with the observance of human rights are analyzed, which significantly complicated, and in some cases made it impossible to conduct primary investigative actions in the territories not controlled by Ukraine due to the full-scale Russian invasion of Ukraine. Attention is focused on the legislative acts adopted by the Verkhovna Rada of Ukraine after February 24, 2022, primarily the provisions of the Law of Ukraine No. 2201-IX "On Amendments to the Criminal Procedure Code of Ukraine on Improving the Procedure for Criminal Proceedings under Martial Law". The author analyzes the peculiarities of the current regulatory framework for the initiation of investigative actions, identifies the dialectical links between the pre-war and current grounds for applying the provisions of criminal procedure legislation in the direction of restoring the violated right and bringing the perpetrators to statutory liability.The author analyzes certain laws of Ukraine and by-laws that entered into force after the full-scale Russian invasion, in particular the Law of Ukraine "On the Legal Regime of Martial Law", Presidential Decree No. 64/2022 "On the Conduct of Martial Law in Ukraine" and others. In the context of the studied sources of law, the author also analyzes the peculiarities of application of the provisions of Articles 30 - 34, 38, 39, 41 - 44, 53 of the Constitution of Ukraine, which introduce temporary restrictions on the rights and legitimate interests of legal entities within the limits and to the extent necessary to ensure the possibility of introducing and implementing measures of the legal regime of martial law. The author's assessment of the criminogenic situation in Ukraine is presented, taking into account the difficulties, and in some cases the impossibility of timely and fully ensuring the implementation of the provisions of the Criminal Procedure Code of Ukraine and the maintenance of the Unified Register of Pre-trial Investigations (hereinafter - the URPTI) to restore violated human and civil rights in the temporarily occupied or liberated territories of Ukraine.