PROCEDURAL-ORGANIZATIONAL MEASURES OF THE INVESTIGATOR IN A SUSPENDED CRIMINAL PROCEEDINGS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
The article draws attention to the problematic fact that today the legislator does not regulate in the current CPC Ukraine the issue of the activities of the investigator already in suspended criminal proceedings. The emphasis is placed on the fact that the procedural form of interaction is a legal relationship that arises in the application of criminal-procedural norms. Meanwhile, in the course of the investigation, the dogma of stopping criminal proceedings was found, as the basis for the practical work of investigators, officials and those government agencies that apply the rules of stopping criminal proceedings. In the course of the research, we are of the opinion that the investigator’s activity to eliminate the circumstances preventing the continuation of the investigation is active, but at the same time procedural. It was also found that the dogmatism of stopping criminal proceedings in a metaphysical manifestation is that it never stops. The study proposes a list of measures that may be carried out by the investigator or employees of the operational units in criminal proceedings on undisclosed crimes whose proceedings were suspended on the basis of practical experiments by Sameev N. V. Attention is drawn to the tasks that the criminal procedure legislation imposes on these subjects, in particular, the task of the investigator is to carry out the tasks of criminal proceedings «so that everyone who committed a criminal offense has been brought to justice in the measure of his guilty ... no person was subjected to unreasonable procedural coercion and that every participant has been subjected to the due process of law». The research is devoted to the development of the institute to stop the criminal proceedings and the prospects for improving the criminal-procedural legislation
Authors and Affiliations
В. В. , Плукар, Н. В Маліцька
Keywords
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