MODELS OF JUDICIAL CONTROL OVER PRE-TRIAL INVESTIGATION UNDER LEGISLATION OF FOREIGN STATES
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
The article deals with the legal regulation of judicial control over pre-trial investigation institute under legislation of foreign states. It is stressed that judicial control institute is considered to be one of the most burning issues within the contemporary criminal procedure science in Ukraine. Such importance of the judicial control issues is reasonable, as far as legal scholars and practitioners think that judicial control will ensure the legitimacy of the pre-trial investigation, protection of rights and lawful interests of its subjects, as well as their quick and effective renewal in case of breaking. It is stated that special judges who conducted pre-trial investigation and then considered and decided the case on its merits acted on Ukrainian territories under the Austrian rule. It is substantiated that such criminal procedure subjects differ from the investigating judges in Ukraine nowadays. Considering world traditions of judicial control have rich history, the experience of judicial control legal regulation in Germany, Belgium, Georgia, Italy and other states is analyzed. The conclusion is reached that according to the procedural purpose of judicial control institute its models can be conditionally divided into two types. The first type includes the models according to which judicial power subject is factually vested with the functions characteristic of investigator and prosecutor and conducts the pre-trial investigation, approving the measures which restrict the constitutional rights of persons, and then influences the determination of investigation completion moment and the perspectives of criminal proceedings. The second type comprises the models according to which judicial power subject does not conduct the pre-trial investigation, acts on the basis of the other subjects’ motions, solves only the issues concerning the compliance of the criminal procedure subjects rights.
Authors and Affiliations
Д. Є. Крикливець
Keywords
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