THE ACTIVITIES OF THE PROSECUTOR AT THE CLOSURE OF CRIMINAL PROCEEDINGS IN CONNECTION WITH REHABILITATION GROUNDS
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article analyzes theoretical and practical problems of the prosecutor’s activity in closing criminal proceedings in connection with rehabilitating grounds (establishing the absence of a criminal offense, establishing the absence of a criminal offense in the act, not establishing sufficient evidence to prove the guilt of a person in court and exhausting their possibilities get). In addition, a systematic analysis of judicial practice was carried out in order to identify typical mistakes made by prosecutors both when closing criminal proceedings on the basis of the above-mentioned grounds and those that are left out of the attention of prosecutors – procedural executives in checking the legality and justification of issuing investigators rulings on the closure of criminal proceedings. When writing the article, the author came to the conclusion that the task of the prosecutor – the procedural supervisor at the stage of closing criminal proceedings in connection with rehabilitating grounds, regardless of the form of his activity (as when checking the legality and validity of the closure of criminal proceedings by the investigator and during an independent passing by the prosecutor the relevant resolution) is a thorough examination by the prosecutor of the materials of the criminal proceedings in order to provide a legal assessment of the existence of grounds for its closure. In case of self-ruling on the closure of criminal proceedings, it is also necessary to pay attention to its proper motivation and substantiation, which should certainly correspond to the materials of the proceedings.
Authors and Affiliations
К. І. Пащенко
Keywords
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