Stage Of Pre-trial Investigation Research Articles

Problems of closing criminal proceedings due to the expiration of pre-trial investigation deadlines

The article is dedicated to addressing the current issues in the theory and practice of closing criminal proceedings during the pre-trial investigation stage, particularly focusing on the basis of closing due to the expiration of pre-trial investigation deadlines. The problem of closing criminal proceedings by the investigating judge based on paragraph 10 of Part 1 of Article 284 of the Criminal Procedure Code of Ukraine is currently the subject of active discussions among legal professionals. This basis is directly related to the pre-trial investigation stage and, according to the current established practice of the Supreme Court, is classified as exclusive competence of the prosecutor, limiting the Investigating Judge's ability to exercise effective judicial control during the pre-trial investigation stage. It is noted that the absence of these powers in the Investigating Judge entails the risk of violating the reasonable time requirements for pre-trial investigation, as the pre-trial investigation deadline is not just a formality. Enshrining in procedural law the prosecutor's obligation to apply to the court with an accusatory document or close the criminal proceedings as soon as possible but not later than the procedural deadline after notifying the suspect of the accusation is a guarantee of the fundamental right of individuals to have their cases heard within a reasonable time frame. Unfortunately, in practical terms, this guarantee is not always implemented, and the lack of effective judicial control only contributes to the spread of prosecutorial inactivity. The article suggests that the most optimal solution to this problem is the alternative competence of both the prosecutor and the Investigating Judge regarding the authority to close criminal proceedings during the pre-trial investigation stage. This would help achieve a balance of interests between the parties involved in criminal proceedings and prevent abuses of power. To improve the mechanism for ensuring compliance with reasonable deadlines, the author proposes expanding and specifying the powers of the Investigating Judge when closing criminal proceedings. Specifically, it is suggested to add Part 2-1 to Article 284 of the Criminal Procedure Code of Ukraine: «Criminal proceedings at the pre-trial investigation stage are closed by the Investigating Judge based on the grounds provided for in paragraph 10 of this article if the suspect does not object to the closure on these grounds.»

Implementation of the principle of competition in the course of pre-trial investigation

The article is devoted to the study of the peculiarities of implementing the adversarial principle in the course of pre-trial investigation. Adversariality determines the image of the entire criminal process, since it implies its construction in which the functions of prosecution, defense and case resolution are separated from each other. This, in turn, gives the court’s verdict a special power of persuasion, increases its legal and social significance.
 The adversarial principle in the course of pre-trial investigation has its own structure, which consists of four interrelated elements: 1) the presence of the prosecution and the defense; 2) the presence of equal procedural rights for the prosecution and the defense; 3) the presence and clear separation of the functions of public prosecution, defense and trial; 4) the presence of an objective and impartial court.
 At the stage of pre-trial investigation, the adversarial nature of the parties is characterized by a number of circumstances, one of which is that the officials conducting the proceedings have power and administrative authority, unlike the defense. In the course of the study, the author substantiates the position that it is necessary to expand the powers of defense counsel with a view to intensifying his/her activities in implementing the principle of adversariality at the pre-trial investigation stage. In this regard, the author suggests that the CPC of Ukraine should include the following: a protocol form for recording the results of questioning of persons by the defense; provide for the liability of public authorities, local self-government bodies, enterprises, institutions, organizations, officials and individuals for failure to comply with the defense’s requests for the provision of necessary items and documents; supplement the CPC of Ukraine with a rule imposing on the investigator, prosecutor the obligation to timely notify the defense counsel of the time and place of the investigative (search) action in which he or she has the right to participate.

On the issue specificity of criminal proceedings concerning minors

The article is devoted to the study of the specifics of criminal proceedings involving minors, in the context of the norms of national legislation and certain scientific works. It has been determined that the special procedural position of children in criminal proceedings is determined by the age peculiarities of these субʼєктів. The actual international standards concerning the procedure of criminal procedural activity in proceedings involving minors are considered. It is noted that at the national level, the specificity of proceedings in cases of minors is represented primarily in the isolation of the legislative regulation of criminal procedural relations with the participation of these individuals, as evidenced by the provisions of Chapter 38 of the Criminal Procedure Code of Ukraine «Criminal proceedings against minors.».
 During the study, the opinions of domestic scientists on the most problematic issues related to the procedural features of criminal proceedings against persons who have not reached the age of majority were analyzed. As a result of a comprehensive analysis of the legal norms of criminal procedural legislation, it was proved that certain procedures and rules of criminal proceedings are adapted specifically to the needs of minors, although their basis are general legal norms. In particular, this fact is evidenced by the dualistic representation of the interests of the juvenile suspect and the accused, the special субʼєктний composition of the participants in criminal proceedings against minors and certain specific aspects both at the stage of pre-trial investigation of juvenile crimes and during subsequent court proceedings. The article also identified a number of problematic aspects related to the implementation of these provisions at the practical level, in the context of which it is proposed to introduce certain additions and changes to the Criminal Procedure Code of Ukraine.
 It is considered necessary to consolidate the special principles of criminal proceedings against minors at the legislative level in the form of a separate article. The conclusion focuses on the fact that despite the existence of certain shortcomings in the legal regulation of proceedings in cases of minors, the criminal procedure legislation of Ukraine is developing in the right direction.

Effectiveness of Forensic Computer Modeling for Predicting Wartime Crimes

This article emphasises the importance of computer models in forensics and their potential for predicting criminal activity and preventing offences in the context of military confrontation. The purpose of this paper is to determine the possibility of using computer models to analyse and predict criminal activity during military confrontation. The research employed the following methods: historical method of studying law, logical approach, qualitative method, method of analysis, and method of legal modelling. The study found that forensic modelling is mainly used at the pre-trial investigation or trial stage. The analysis of modern armed conflicts gives grounds to conclude about the high efficiency of computer modelling in preventing wartime crimes. The academic novelty is the obtained results of using computer modelling to prevent potential offences as opposed to its widespread use at the stage of pre-trial investigation. The research prospects include the possibility of the potential study of forensic computer modelling algorithms for accurate prediction of types of offences during the war.

Features of pre-judicial investigation in criminal proceedings in foreign countries

The scientific article is devoted to the definition of certain features of the procedure for conducting a pre-trial investigation in criminal proceedings of foreign countries. The origins of the separation of the «preliminary investigation» as a separate stage of the criminal process are established, as well as the relationship of national legal traditions and types of legal systems with the corresponding standards inherent in the criminal process is traced.
 The analysis of the criminal procedural legislation of the Federal Republic of Germany, the Kingdom of Spain, Great Britain and the French Republic was carried out. The main aspects of the pre-trial investigation and inquiry of the Federal Republic of Germany have been studied. It has been established where criminal proceedings begin, how the interaction between prosecutors and police officers is configured, which is free evidence. Attention is focused on the types of suspicions depending on the degree of probability and functional purpose.
 It was determined that the pre-trial investigation as an independent stage of criminal proceedings, according to the Criminal Procedure Law of Spain, is always the first in the criminal process. However, at the same time, the inquiry is in no way formally separated from the pre-trial investigation. The prosecutor and the investigating judge are united with the common goal of identifying the person who committed the crime and collecting the necessary evidence. The specifics of this stage depending on the type of proceedings are also indicated.
 The characteristic features of criminal proceedings in Great Britain, which do not include the stage of pre-trial investigation at all, are considered. Despite the possibility of the defense party to collect evidence independently, the police's activities are considered extra-procedural, and therefore all the factual data collected by them need to be presented to the magistrate and their further confirmation.
 The position and procedure for starting an investigation under French law is outlined. Her criminal process considers inquiry and preliminary investigation as separate independent stages. First of all, an inquiry is conducted, then a criminal prosecution is initiated, after which a preliminary investigation begins.
 The conclusion of the article emphasizes the need for coordinated work of law enforcement agencies based on the principles of the rule of law, legality and justice. The necessity of applying the experience of foreign countries in improving the pre-trial investigation of Ukraine is argued.

DIFFERENCES BETWEEN "SPECIALIST'S OPINION" AND "EXPERT RESEARCH OPINION" IN CASES OF FORENSIC MEDICAL EXAMINATIONS ON A CONTRACTUAL BASIS

The article presents topical issues related to the appointment of forensic medical examinations and research at the request of the defense in criminal proceedings, as well as procedural features of the participation of specialists in expert work at the pre-trial investigation stage. Similarities and differences of subjects using special knowledge, namely specialist and expert, were studied. Ways to improve the participation of specialists in the pre-trial process are proposed.
 Aim of the work. The purpose of the work is to determine the differences between the "Specialist's Opinion" and the "Expert Research Conclusion" in cases of forensic medical examinations on a contractual basis.
 Results. It was established that "Expert's opinion", "Specialist's opinion", "Consultation" cannot correspond to the expert's opinion according to the following criteria: the qualification requirements for persons with special knowledge are different, and the qualification requirements for a specialist at the regulatory level are not defined at all. Similarities and differences of subjects using special knowledge, namely specialist and expert, were studied. Ways to improve the participation of specialists in the pre-trial process are proposed.
 Conclusions. If, in order to obtain a specialist's opinion, all the requirements inherent in an expert's opinion must be followed, then the question arises of the feasibility of obtaining such an opinion, instead of evaluating the evidence in a method proven by practice, namely, conducting a forensic medical examination. "Expert's opinion", "Specialist's opinion", "Consultation" cannot correspond to an expert's opinion according to the following criteria: the qualification requirements for persons with special knowledge are different, and the qualification requirements for a specialist at the regulatory level are not defined at all. It is expedient to amend Article 102 of the Criminal Procedure Code of Ukraine on the procedure for warning an expert about responsibility for a knowingly false conclusion and refusal without valid reasons to perform the duties assigned to him in the case of providing the conclusions of an expert study, on a contractual basis. Article 243 of the Criminal Procedure Code of Ukraine should be supplemented with paragraph 71 of the following content: "A copy of the agreement with the expert institution on conducting the examination, a copy of the receipt for payment of the appointed examination shall be attached to the decision of the investigating judge on the commission of the examination. In Article 71 "Basics of the legislation of Ukraine on health care" it is necessary to introduce a provision on the possibility of conducting a forensic medical examination at the request of the defense party or the victim.We consider it expedient to: 1) create in higher education institutions (medical universities) advisory groups of scientific and pedagogical workers (docents, professors), 2) have them undergo thematic improvement cycles in medical jurisprudence and the basics of forensic medicine.

Pre-Trial Detention and It‘s Alternatives in Lithuania, Estonia, Romania and Slovakia

The article deals with the regulation of grounds and duration of the pre-trial detention, as well as its alternative measures during pre-trial investigation stage in Estonian, Lithuanian, Romania and Slovak law. In addition, the article compares the available statistical data on the application of pre-trial detention and its alternative measures in the mentioned countries, as well as evaluates the significance of the trends of pre-trial detention and its alternative measures to the total number of imprisoned persons.

Examining Custody Assessment Criteria: A Comparative Analysis of U.S. & Kuwaiti Legal Systems

This research paper conducts a thorough comparative analysis of custody assessment criteria employed in the legal systems of the United States and Kuwait. The freedom of the accused during the pre-trial investigation stage is one of the most important issues related to human rights and freedoms. The study adopted the analytical method of legal texts, judicial rulings, and jurisprudential opinions between two systems belonging to different legal families, namely the system in the United States of America and the system in the State of Kuwait. The study showed that the legal system in the United States of America addresses the factors that play a role in determining the decision to detain the accused during the pretrial investigation stage in a better and more in-depth manner than the treatment adopted by the Kuwaiti legislators. The study also indicated that the American legislative treatment is preferable to a procedural reason related to the American system. Finally, this study recommended the need to reorganize the issue in Kuwaiti law by adopting many humanitarian aspects related to the accused in the issue of the decision to release or detain the accused during the pre-trial investigation stage.

The application of separate criteria for evaluating the expert conclusion by the investigating judge at the pre-trial investigation stage

The article highlights that the final stage of forensic examination is evaluation of the expert conclusion by the investigating judge to determine the role and significance of the fact established by the forensic expert and, subsequently, to adopt a fair decision by the court.
 The Article Purpose is to specify evaluation criteria used by the investigating judge when evaluating the expert conclusion at the stage of pre-trial investigation of offenses. The authors have concluded that expert conclusions are subject to evaluation by the investigating judge on the basis of general grounds.
 The article analyzes and provides a detailed description of individual criteria for evaluating expert conclusions (adequacy, admissibility, veracity, objectivity, legality, authenticity, completeness, etc.).
 As a result of carried out research, the need to create a publicly available and legislatively established system of criteria for evaluating expert conclusions has been proven, since the criteria for evaluating the expert conclusion defined by procedural legislation are not exhaustive and do not allow the investigating judge to carry out a comprehensive evaluation not only of the expert conclusions but also of other sources of evidence at the pre-trial investigation stage.

Involvement Of A Forensic Expert By A Defense Counsel During Pre-Trial Investigation

Ensuring equality between parties and adhering to the adversarial principle is crucial, necessitating the availability of all procedural mechanisms to observe the rights and legitimate interests of both the defense counsel and the prosecution. Given the declarative nature of specific provisions outlining the procedure for involving a forensic expert by a defense counsel during the pre-trial investigation stage, the Article Purpose is defined as clarifying the specifics of involving a forensic expert by a defense counsel to conduct a qualified forensic examination at the stage of pre-trial investigation, presenting problematic aspects of such activity. Based on the analysis of investigative and judicial practices, proven methods for involving a forensic expert by a defense counsel have been identified. Recommendations have been formulated on the procedure for appealing against decisions by investigators and prosecutors to refuse to grant a motion for a forensic examination.

Representation Of The Victim As Implementation Of The Principle Of Competitiveness In Criminal Proceedings

National and international legal acts guarantee everyone the right to hear their case by a competent court. The same principle can be applied to the stage of pretrial investigation, although only a competent investigator or prosecutor can ensure the implementation of an effective investigation. The very process of criminal proceedings is carried out by the general principles of criminal proceedings, among which one of the universal principles is the principle of adversarial. Taking into account the components of the principle of competitiveness, this article is defined as clarifying the place and role of the institution of victim representation in implementing the principle of competitiveness. It is substantiated that to implement the principle of competition in criminal proceedings fully, certain provisions of the current Criminal Procedure Code of Ukraine require revision and certain changes.

Historical and theoretical issues of implementation of pre-trial investigation provisions

The article highlights the main definitions of pre-trial investigation with a view to solving and suppressing crimes by the competent authorities. It is comprehensively argued that the truth of criminal proceedings is manifested in the disclosure of a crime and ensuring that the perpetrators are brought to criminal liability. The author analyzes the main aspects of adoption of the agreement on cooperation between Ukraine and the Republic of Poland in criminal proceedings.
 The article highlights the theoretical foundations of the pre-trial investigation stage of criminal proceedings, the issues of implementing the entry of relevant information into the Unified Register of Pre-trial Investigations, and describes the events when the first action is completed and the next action occurs.
 The author has formed a stable opinion that the innovations introduced in pre-trial investigation are based on rapid response to crimes and their appropriate implementation in the course of crime investigation, which affects the recording of the crime in full. The author characterizes how the application of Article 214 of the Criminal Procedure Code of Ukraine affects the commencement of an investigation and reveals the legal basis for consolidation of legal acts regulating procedural actions.
 The article contains the technology of filing a crime report. The author analyzes (notification) and provision of other information containing data on a criminal offense. The legal basis for the adoption of the agreement between Ukraine and the Republic of Poland on cooperation in recording crimes is revealed.
 The article contains recommendations for improving the legislation and analyzes the current state of criminal proceedings in Ukraine, with regard to fulfillment of the tasks of criminal procedure and provides for protection of an individual, society and the State from criminal offenses, protection of rights, freedoms and legitimate interests of participants to criminal proceedings to ensure a prompt, complete and impartial pre-trial investigation. The author provides recommendations for the implementation of international provisions and means of verification at the initial stage of the basic information containing data on criminal offenses in order to identify the circumstances of the crime.

The structure of criminal procedural proving in court proceedings in the first instance

In the article the author emphasizes that the process of proving during the pre-trial investigation and in the court proceedings is significantly different, which is naturally determined by the tasks, conditions, and features of these stages of the process. Proving at the stage of pre-trial investigation is characterized by practical activities aimed at actively searching for factual data, while in court proceedings the emphasis shifts to logical and mental activities related to their research, arguments, persuasion, and justification of decisions. The article supports the concept of distinguishing pretrial and judicial evidence, as they are formed in different procedural conditions. It is proposed to distinguish four elements in the structure of criminal procedural proving in court proceedings in the first instance: 1) formation of evidence; 2) research of evidence; 3) evaluation of evidence; 4) use of evidence. The organizing role in the formation of the evidence base is played by the court, which must ensure the opportunity for the parties of criminal proceedings, other participants to submit materials that have evidentiary value, to submit a request to summon persons to a court session for questioning, to perform other procedural actions. The opinion is supported that the formation of criminal proceedings materials (evidence base) should be carried out in preparatory proceedings. It has been established that not every proceeding carries out an research of evidence - it is absent in the case when the court recognizes the inexpediency of the research of evidence regarding circumstances that are not disputed by anyone, simplified proceedings regarding criminal misdemeanours and proceedings based on agreements. Participants of criminal proceedings use evidence in different ways: the parties and other participants of the proceedings use evidence to justify their legal position both in the proceedings as a whole and in relation to individual issues to be resolved; the court puts them in the basis of the court decision, justifying it. In view of the proposed structure, the author's definition of criminal procedural proving in court proceedings in the first instance is presented.

Taktyko-kryminalistychni osoblyvosti dopytu v umovakh konfliktnoi sytuatsii na stadii dosudovoho rozsliduvannia

The article reveals the tactical and forensic features of interrogation in criminal proceedings in the conditions of the existence of a conflict situation at the stage of pre-trial investigation. The author’s recommendations regarding the sequence of presentation of physical evidence of a material nature to a suspect in the commission of a criminal offense and the subsequent selection of testimony about the circumstances of the commission of the offense are submitted for consideration and discussion in general. Also, the tactical-forensic methods of interrogation previously worked out and already formed by criminologists-practitioners are considered. Modern (innovative) procedural rules and tactical interrogation techniques are being developed, taking into account the variable position of the suspect: sincere confession and denial of his participation in the committed criminal offense. The authors of the article state and outline the legal aspects regarding the legality of using forensic and procedural methods of obtaining and collecting the evidence base. The meaning is revealed and an assessment is made of these novels and the latest approaches in implementing the tasks of the Criminal and Criminal Procedure Codes of Ukraine regarding the protection of individuals, society, and the state from criminal offenses, protection of the rights, freedoms and legitimate interests of participants in criminal proceedings, as well as in the legal provision of protection of public safety and of the constitutional system of Ukraine from criminal and illegal encroachments, thereby ensuring the peace and security of mankind. The need for further research in the appropriate direction is substantiated, as the latter will create prospects for theoretical and practical studies and contribute to solving problematic issues in procedural law and criminology. Attention was drawn to the need for further cooperation between scientists and practitioners in the field of material and procedural law, namely: criminal law, process, and criminology.

Certain aspects of the violation of the right to defense at the stage of notification of suspicion

The article focuses on the study of certain aspects of the violation of the right to defense at the stage of notification of suspicion. In the process of investigating the subject it is emphasized that the prosecution's unjustified delay in the notification of suspicion deprives a person of the right to protection against criminal prosecution. It was established that the decision to make a notification of suspicion should be made without delay in order to timely acquire the procedural status of a suspect and, accordingly, provide the suspect with the opportunity to defend himself against criminal prosecution. It was determined that the right to defense at a pre-trial investigation is violated not only as a result of untimely (late) notification of a person of suspicion, but also as a result of premature completion of a pre-trial investigation after notification of a person of suspicion. It is indicated that the quick completion of the pre-trial investigation (immediately after the notification of suspicion) deprives the person, against whom criminal prosecution was carried out, to fully exercise his right to protection against the already actually completed criminal prosecution within the framework of the pre-trial stage. Amendments to part 2 of article 283 of the Criminal Procedure Code of Ukraine, namely to provide for a mandatory minimum period of 14 days from the moment of notification of suspicion to the day of closing of criminal proceedings; petitioning the court to release a person from criminal liability; appeal to the court with an indictment, a request for the application of coercive measures of a medical or educational nature. Making such changes to the criminal procedural law will allow: to fully guarantee the observance of the right to defense at the stage of pre-trial investigation to persons subject to criminal prosecution; it is more rational to plan the conduct of the pre-trial investigation by the investigator/prosecutor; make a more balanced decision about notifying a person of suspicion. It was concluded that the right to protection violated at the stage of the pre-trial investigation cannot be compensated during the court proceedings, which leads to the unfairness of the criminal proceedings as a whole and the need to acquit the person on all charges.

Regarding the defense counsel’s participation in criminal proceedings at the pre-trial investigation stage

Regarding the defense counsel’s participation in criminal proceedings at the pre-trial investigation stage

Chapter 36-1 of the CPC of Ukraine as a ground for closing criminal proceedings

The emergence of a new ground for closing criminal proceedings in the current Code of Criminal Procedure of Ukraine – in connection with the decriminalization of an act committed by a person – has caused ambiguous assessments by scholars. The application of the new procedure in judicial practice necessitates a thorough scientific study of the problem in order to prevent violations of the law. The purpose of the study was to determine the practical feasibility of the adopted amendments for pre-trial investigation and court proceedings. To achieve this goal, the following methods were used: dialectical, systemic and structural, comparative legal, formal and logical, and modelling. The study describes the actions of participants in criminal proceedings at the stage of pre-trial investigation and in court during consideration of the said procedure. The author compares the new procedure with other existing special investigative procedures and emphasizes their differences. The author calls into question whether the legislator has singled out this procedure as a type of special procedure. The author comes to the conclusion that the subject under study is an exclusively improved basis for closing criminal proceedings or further continuation of their consideration, depending on the right of the defence to close or continue the proceedings in court. The author analyses the court practice of application of this criminal procedural institute. Attention is focused on the need for investigators, prosecutors, and judges to take into account the requirements of the new grounds for closing criminal proceedings and to prevent violations of the law, since during its consideration the suspect and the accused are granted an additional alternative right to agree or disagree with the closure of proceedings, which is a guarantee of human rights and freedoms. The author's conclusion that it is inappropriate for the legislator to classify the procedure for closing proceedings as a separate type of special procedure is justified by haste and lack of appropriate scientific research. The study provides the basis for improving the methodology of procedural actions of the prosecution during the closure of criminal proceedings and may be used by the legislator for further regulation of the criminal proceedings' procedure

Dohovirni protsedury u dosudovomu kryminalnomu provadzhenni: aziiskyi dosvid

The criminal procedural legislation regarding the simplification of criminal proceedings and the use of «contractual» procedures in the stage of pre-trial investigation in a number of Asian states (Japan, China, Taiwan, Singapore, Indonesia, Malaysia) has been analysed. It is emphasized that the rather conservative criminal procedural legislation of many Asian states during the last decade underwent reforms aimed at optimizing, simplifying and speeding up criminal proceedings, including through the use of «contractual» procedures. It has been established that the Asian experience of applying simplified procedures during pre-trial investigation, in particular, «contractual» procedures in criminal proceedings, attests to the granting of very broad discretionary powers to prosecutors. It is concluded that mostly «contractual» proceedings in Asian states in one form or another involve the procedure of concluding a plea agreement, which must ultimately be reviewed by the court, which, depending on the state, has more or less discretion when approving it and imposing a punishment. Certain Asian states have adopted the classic approach to concluding plea agreements that originated in the United States (plea bargaining), while others have introduced more original models. In particular, the Japanese model of «contractual» proceedings provides for the cooperation of the accused not with respect to the criminal offense he or she committed, but only with respect to the commission of criminal offenses by other persons. Instead, in Singapore, several models of negotiations between parties in criminal proceedings are used — without the participation of a judge, with the judge’s mediation, as well as the conclusion of a «Deferred Prosecution Agreement» available to legal entities. The opinion was expressed that Singapore’s experience in implementing a system of negotiations between the prosecution and defence parties through the mediation of a judge («Criminal Case Resolution») is interesting from the point of view of the possibility of implementation in Ukraine, which provides for the elimination of contradictions with the aim of a quick and conflict-free resolution of the case and, to some extent, has signs of a mediation..

Cancellation Of Seizure Of Property At The Stage Of Pre-Trial Investigation As An Element Of Due Legal Procedure

In the article, with the aim of researching the legal and practical model of cancellation of property seizure in criminal proceedings at the stage of pre-trial investigation and determining ways of their improvement, it is emphasized that the institution of cancellation of property seizure in criminal proceedings is a necessary element of the observance of the fundamental rights guaranteed by the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the restoration of the right to peaceful possession of property, in which the state intervened during the investigation of the criminal proceedings, which were closed.Considered topical issues of the procedure for canceling the seizure of property during the pre-trial investigation in case of closing the criminal proceedings by the investigator or inquirer. The ways of canceling the arrest imposed on property within the framework of criminal proceedings during the pre-trial investigation are highlighted.It is pointed out the unequal judicial practice regarding the solution of this issue, which was regulated by the adoption of a resolution by the Grand Chamber of the Supreme Court. Further changes in the legislation regarding the termination of the decisions of the investigating judge on the application of measures to ensure the criminal proceedings, which include the seizure of property, after the closure of the criminal proceedings, despite the fact that they should have changed judicial practice, but did not have a significant impact.Attention is focused on different ways of interpreting the procedural norm regarding the powers of the prosecutor to cancel the seizure of property upon closing the criminal proceedings, one of which empowers the prosecutor to issue a resolution on the cancellation of the seizure of property, even if the criminal proceedings are closed by the decision of the investigator, inquirer.The necessity of streamlining judicial practice and legislation, which regulates the procedure for keeping registers of encumbrances of property rights, is indicated. A conclusion was made regarding the need to improve the procedure for canceling the seizure of property in criminal proceedings in terms of introducing a mechanism for automatic restoration of the rights of the owner (possessor) of such property.

Inquiry as a form of pre-trial investigation: challenging issues of reform at the present stage

The article examines the problematic issues of inquiry as a form of pretrial investigation of criminal misdemeanors, the peculiarities of inquiry by units of the National Police of Ukraine. It was determined that the inquiry as a form of pre-trial investigation consists in the accelerated implementation of procedural activities by authorized subjects regarding the investigation of criminal offenses provided for by law at the stage of pre-trial investigation, while the inquiry is carried out in full with the involvement of all organizational and procedural resources within the limits defined by the legislation of Ukraine in order to fulfill the tasks of criminal proceedings. On the basis of the conducted research, the inconsistency of the current criminal procedural legislation in the part of the regulation of the pre-trial investigation of criminal misdemeanors, which consists in the uncertainty of the sources of evidence, the procedure for conducting separate investigative (investigative), secret investigative (investigative) and other procedural actions, as well as the procedural procedure for the application of security measures, has been established criminal proceedings during the investigation. The judicial practice regarding the application of criminal procedural legislation in the part of the regulation of the order of seizure of confiscated property during the pre-trial investigation of criminal misdemeanors was analyzed, changes to the legislation were proposed in view of the needs of practice, which consist in making appropriate changes to the Criminal Procedure Code of Ukraine. The resolution of the considered problematic issues during the investigation will contribute to the fulfillment of the tasks of criminal proceedings and the protection of the rights and legitimate interests of the participants in criminal proceedings during the pre-trial investigation of criminal misdemeanors