PROBLEMATIC ASPECTS OF LEGAL REGULATION OF EXAMINING A JUDGE’S PETITION ON THE APPLICATION OF PREVENTIVE MEASURES
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 4
Abstract
The article investigates the problem aspects of the legal regulation of the investigation by the judge of the petitions of detectives of the National Anti-Corruption Bureau of Ukraine on the application of preventive measures, first of all, regarding the definition of the participants in such a review and the role of the detective in this. According to the results of the study, proposals were made to improve the CPC of Ukraine in relation to the application of the preventive measures of investigators and detectives to the participants of the trial consideration of petitions. In our opinion, there is an unresolved issue of the legal regulation of the CPC of Ukraine of the investigating judge’s consideration of petitions concerning the application of preventive measures since Part 3 of Article 176 of the CPC of Ukraine provides for that the investigating judge, the court, refuses to apply a preventive measure if the investigator, the prosecutor does not prove that the circumstances established during the consideration of the petition on the application of preventive measures are sufficient to convince that none of the milder preventive measures provided for by Part 1 of this article can prevent risk or risks proven during the consideration. Whereas in accordance with Part 1 of Article 193 of the CPC of Ukraine, the investigator (detective) does not belong to the participants who may take part in the trial of such petitions, which deprives him of the possibility to directly prove the grounds for the application of a preventive measure and fulfil the above requirements of Part 3 of Article 176 of the CPC of Ukraine. In order to provide the parties with competition and freedom to submit their evidence to the court and to bring to the court their convincingness, immediacy of the examination of evidence, property, and documents during the examination by the investigating judge of petitions for the application of preventive measures, as well as the harmonization of the legal regulation of the abovementioned norms of the CPC of Ukraine, we consider it appropriate to include the investigator, in particular, the detective of the National Anti-Corruption Bureau of Ukraine, to the participants, with whom the petitions on the application of preventive measures are considered, by making appropriate amendments to Part 1 of Article 193 of the CPC of Ukraine.
Authors and Affiliations
В. Л. Жидков
Keywords
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PROBLEMATIC ASPECTS OF LEGAL REGULATION OF EXAMINING A JUDGE’S PETITION ON THE APPLICATION OF PREVENTIVE MEASURES
The article investigates the problem aspects of the legal regulation of the investigation by the judge of the petitions of detectives of the National Anti-Corruption Bureau of Ukraine on the application of preventive mea...