PRINCIPLES OF INTERVENTION OF THE PROSECUTOR AND FINAL JUDGE IN CRIMINAL PROCESS OF UKRAINE
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article is devoted to the basic rules of interaction of the prosecutor and investigator of a judge in the criminal process of Ukraine. Defined, with observance of which principles of criminal proceedings, which are enshrined in the Criminal Procedure Code of Ukraine, the interaction between the prosecutor and the investigating judge should take place. Detected, what principles can the interaction of a prosecutor and an investigating judge also correspond to, from the point of view of scientists, who were involved in working out the rules of interaction between public authorities in general and during criminal proceedings. Based on an analysis of the practice of the European Court of Human Rights in cases against Ukraine and other states, an additional list of principles of the criminal process has been established, which should be the responsibility of the officials, at the national level, the authority to decide on the restriction of rights and freedoms. As proved, such principles, The European Court of Human Rights considers: legal certainty, protection from arbitrariness, proportionality. Based on the analysis of the essence of these principles through the practice of the European Court of Human Rights, in comparison with the relevant provisions of the criminal procedural legislation of Ukraine, substantiated, that at the legislative level of our state, these principles are not provided and are not embodied in the prism of other principles of criminal proceedings, although closely linked. Considering, that violation of these principles to our country already indicates more than one year, the testimony of which is the reports of the Ombudsman in the cases of the European Court of Human Rights from 2006 and 2018 inclusive. In addition, in Ukraine by subjects, who are authorized to make decisions on restrictions of rights and freedoms during pre-trial investigation, is a prosecutor and an investigating judge. It is proposed to amend the Criminal Procedural Code of Ukraine accordingly, and consider legal certainty, protection from arbitrariness, proportionality – the basic rules of interaction between the prosecutor and the investigating judge, as well as the basic rules of criminal proceedings.
Authors and Affiliations
Станіслав Володимирович Тищенко
Keywords
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