PARTICIPATING THE PROSECUTER IN THE PROTECTED PROCEEDINGS FOR CRIMINAL PROSECTS
Journal Title: «Приватне та публічне право» - Year 2017, Vol 4, Issue
Abstract
This article analyzes the problems associated with promising directions for improving the norms of the Criminal Procedure Code of Ukraine, which regulate the participation of prosecutors in the simplified conduct of criminal misconduct. It is noted that the issue of the participation of the prosecutor in the simplified proceedings on criminal misconduct is debatable in the theory and practice of criminal justice in view of the fact that the Constitution of Ukraine, the current Criminal Code of Ukraine do not specify among the list of unlawful acts it is «criminal misconduct», using the term «crime», which creates problems with the application of this procedural form. Problems have a history: several years ago, when domestic law referred to the introduction of the institution of criminal misconduct, it was considered that at the stage of adoption of the new Criminal Procedure Code of Ukraine, changes will be made to the rules of substantive law that regulate the issues of these unlawful actions. This, unfortunately, did not happen, and today the procedural law outstrips the criminal law in the introduction of norms relating to criminal misdemeanors, in fact procedural law has already developed a significant practical and theoretical basis, which allows you to make the necessary changes in the norms of domestic criminal law, to form clear and understandable provisions. , which will allow prosecutors to participate in these proceedings, solving the problem of procedural economy. The article states that use in court the Articles 381-382 of the Criminal Procedure Code of Ukraine, when there is no clear definition of the term «criminal misconduct» in the substantive law, leads to the adoption of unlawful sentences and a number of contradictions regarding the appeal of such sentences. The application in the court practice of Articles 381-382 of the Criminal Procedure Code of Ukraine, when there is no clear definition of the term «criminal misconduct» in the substantive law, leads to the adoption of unlawful sentences and a number of contradictions regarding the appeal of such sentences. Based on the analysis of judicial practice in the article, there are cases where prosecutors initiate criminal proceedings in a simplified form, and courts are considering these cases without legitimate grounds. The arguments presented in favor of the fact that this procedural practice is unlawful requires the prosecutors to appeal against these decisions, since the absence in the Criminal Code of Ukraine of the norms that determine the targeted composition of criminal offenses makes it impossible to apply this procedural form. The author analyzed the composition of the criminal proceedings, which should be added by the prosecutor to the indictment, concluded that the list of documents that are part of an array of materials needs to be expanded. The recommendations for introducing amendments to Article 291 of the Criminal Procedure Code, which the composition of the documents should be specified, are given.
Authors and Affiliations
М. П Тахтаров
Keywords
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