ACTUAL PROBLEMS OF PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENCES COMMITTED BY MEMBERS OF ORGANIZED CRIME GROUPS

Abstract

In the article, in accordance with the provisions of the Criminal procedural code of Ukraine, reveals the legal nature of the Institute combining the pre-trial investigation materials provided, in particular, article 217 of the criminal procedure code of Ukraine. It is noted that combining of materials of pre-trial investigation of criminal offences committed by members of organized criminal groups are meant to be reliable in fulfilling such tasks of criminal proceedings, ensure prompt, full and impartial investigation and judicial review (article 2 of the CPC of Ukraine). At the same time, it is noted that features of legal fastening of the basis for unification can cause problems associated with ungrounded and illegal application of this legal Institute. The publication is aimed at preventing and addressing relevant problems and increase the effectiveness of criminal proceedings concerning criminal offences committed by members of organized criminal groups. The author considers inexpedient to bring together in one criminal proceedings, of materials of several pre-trial investigations of criminal offences committed by members of organized criminal groups, while during each of such investigations was not announced by the person (s) of suspicion. Premature consolidation of several materials of pre-judicial investigations may adversely affect further criminal proceedings through the extension of a particular item of evidence. This situation can also be used during the application of questionable tactics artificial accumulation of charges to achieve this quantity or a combination that would provide the prospect of judicial pronouncement it is a generalized indictment of the sentence. It is noted that illegal and unwarranted combining of materials of pre-trial investigation may be used to commit abuse and crimes by persons conducting criminal proceedings, as well as for the introduction of questionable tactics to ensure adoption of a generalized indictment of the sentence.

Authors and Affiliations

С. Ю. Ільченко

Keywords

Related Articles

CAUSES OF FOREST FIRES

The article analyzes the causes of forest fires, defined the terms of the problematic issues in terms of research and formed own conclusions aimed at solving problems related to safe human activity, society and the state...

TO THE QUESTION OF OPTIMIZATION OF THE STATE ENVIRONMENTAL POLICY OF UKRAINE

The article deals with the conceptual issues of development, formation and formation of state ecological policy. The scientific approaches of domestic and foreign scientists concerning the mechanism of state ecological p...

HIGH SPECIALIZED COURT OF UKRAINE FOR CIVIL AND CRIMINAL CASES AND MASS MEDIAS: WAYS OF CO-OPERATION

In the article was analysed the actual consisting of co-operation of the High Specialized Court of Ukraine for Civil and Criminal Cases with mass medias. In the light leadthroughs of judicial reform certainly task in rel...

THE SYSTEM OF PREVENTING AND COMBATING CORRUPTION IN LOCAL SELF-GOVERNMENT BODIES OF UKRAINE

The paper identified key elements of measures to prevent and combat corruption in local government in Ukraine. Found that in improving the administrative and legal mechanism for preventing and combating corruption in loc...

THE ACTIVITIES OF THE PROSECUTOR AT THE CLOSURE OF CRIMINAL PROCEEDINGS IN CONNECTION WITH REHABILITATION GROUNDS

The article analyzes theoretical and practical problems of the prosecutor’s activity in closing criminal proceedings in connection with rehabilitating grounds (establishing the absence of a criminal offense, establishing...

Download PDF file
  • EP ID EP469432
  • DOI -
  • Views 125
  • Downloads 0

How To Cite

С. Ю. Ільченко (2016). ACTUAL PROBLEMS OF PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENCES COMMITTED BY MEMBERS OF ORGANIZED CRIME GROUPS. Юридичний науковий електронний журнал, 1(), 104-107. https://europub.co.uk/articles/-A-469432