THE CRIMINAL PROCEDURE CODE OF UKRAINE 2012 AS A MEANS OF JUSTIFICATIONS OF VIOLATIONS BY THE POWER STRUCTURE
Journal Title: Судова та слідча практика в Україні - Year 2018, Vol 7, Issue
Abstract
Based on the analysis of the application practice, is systematically investigated and critically assessed the Criminal Procedure Code (CPC) of Ukraine 2012 how is such, which stably creates the conditions for violation of the rights of individuals. According to the developers of the Code, this document was conceived as a code of the European type. However, good intentions lined the road to hell. Being laid on the soil of the arbitrariness and irresponsibility of Ukrainian investigators and prosecutors, this code created an explosive mixture of lawlessness, ignorance, impunity of the security forces and the lack of protection of individuals against the arbitrariness of the security forces. In principle, this result was quite predictable when adopting CPC 2012, however, the negative properties of CPC 2012 clearly manifested themselves in the process of its practical application. The reason for this is 3 fundamental shortcomings of the CPC: lack of control over the opening of criminal proceedings, lack of control over the timing of criminal proceedings, lack of control over refusals to close criminal proceedings. In addition, the overwhelming majority of the rules of the CPC provides for the broad rights of the inquest and only the possibility of participants in the proceedings to ask for the exercise of their rights (“legal asymmetry”). Based on these considerations, the directions for improving the CPC were proposed, in particular: to provide for the right to appeal the commencement of criminal proceedings; to establish a general deadline for the pre-trial investigation from the moment the information on the criminal offense is filed and up to the day the person is informed about the suspicion, for all criminal proceedings; establish that the court appeal (with the right of subsequent appeal) is subject not only to the decision to close the criminal proceedings, but also the decision to refuse to close, etc.
Authors and Affiliations
Л. М. Бєлкін
Keywords
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