ABOUT CONSEQUENCES OF ABSENCE OF THE PROSECUTOR IN JUDICIAL SESSION
Journal Title: Судова та слідча практика в Україні - Year 2018, Vol 7, Issue
Abstract
Article is devoted to a research of problems of absence of the prosecutor in judicial session in criminal proceedings. Achievement of the goals of criminal proceedings to which, in particular, ensuring fast, full and impartial judicial proceedings belongs directly depends on efficiency of execution by the prosecutor of function of maintenance of public charge. In practice cases of absence of the prosecutor in judicial sessions by consideration of criminal proceedings which negatively affect observance of reasonable terms of criminal proceedings are rather widespread. Problems of absence of the prosecutor in judicial session were not a subject of scientific research. Considering it, the purpose of this scientific article is formulation of suggestions for improvement of regulation of consequences of absence of the prosecutor in judicial session. The duty to participate in judicial sessions is the necessary making function of maintenance by the prosecutor of public charge. Therefore, absence in judicial session demonstrates non-performance by the prosecutor of the constitutional function of maintenance of public charge assigned to it. In judicial session of the prosecutor nobody can replace. Judicial proceedings cannot be carried out to absence of the prosecutor. Therefore, absence of the prosecutor will paralyze judicial proceedings. In the criminal procedural legislation of Ukraine there is a gap which consists in lack of any procedural consequences of systematic absence of the prosecutor in judicial session. It leads to violation of the principle of reasonable terms and other principles of criminal proceedings. Considering it, it is offered to add the list of the bases of the termination by court of criminal proceedings such as systematic absence of the prosecutor in judicial session.
Authors and Affiliations
А. В. Лапкін
Keywords
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