DEFINITION OF THE AREA OF JURISDICTION OF THE INVESTIGATIVE JUDGE AT APPLICATION OF MEASURES OF ENSURING CRIMINAL PROCEEDINGS
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 61, Issue 3
Abstract
Article is devoted to definition of an area of jurisdiction of the investigative judge during application of measures of ensuring criminal proceedings. The analysis of standards of the criminal procedural legislation and practice of their realization concerning an area of jurisdiction of the investigative judge at application of measures of ensuring criminal proceedings is carried out. Shortcomings of an area of jurisdiction of the investigative judge concerning application of measures of ensuring criminal proceedings are revealed. It is defined that settlement of territorial jurisdiction of the investigative judge in the location of body of investigation in certain cases serves as the reason of difficulties in law-enforcement activity. Bodies of pre-judicial investigation which are located not in the place of the territorial competence corresponding to them, concerning application of measures of providing including election of measures of restraint, will address only that local court within which jurisdiction the body of investigation is located what part of work remains to the investigative judge of that court within which territorial jurisdiction pre-judicial investigation is conducted. It turns out that in that case the investigative judge remains deprived of an area of jurisdiction in this part. The area of jurisdiction of the investigative judge significantly limited in connection with granting power to react to violation of the rights only of that person who is held in custody, within jurisdiction of the investigative judge. Standards of the criminal procedural legislation haven't settled activity of the investigative judge in case of violation of territoriality during the appeal of bodies of investigation with the petition for application of a measure of restraint. The same as activity of the investigative judge isn't settled and during other violations of bodies of investigation during the address with the petition concerning implementation of judicial control. Within the jurisdiction the investigative judge has to react to any human rights violation.
Authors and Affiliations
Maryna Horodetska
Keywords
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