THE PRACTICE OF APPLICATION INVESTIGATORS AND PUBLIC PROSECUTORS OF POSITIONS OF THE CODE OF CRIMINAL PROCEDURE OF UKRAINE IN RELATION TO INITIATION AND REALIZATION OF THE SPECIAL PRE-TRIAL INVESTIGATION
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
In the article separate organizational and legal questions are reflected in relation to introduction and practical realization in the criminal process of Ukraine of procedure of the special pre-trial investigation as a substantial method of securing of principle of inevitability of punishment and protection of rights of a victim’s of a crime. The applications over given in relation to the state are brought by investigators and public prosecutors of positions of the Ukrainian Code of Criminal Procedure in relation to initiation and realization of the special pre-trial investigation. According to the results of the research it was established what special pre-trial investigation occupies a specific niche in criminal procedure of Ukraine. The institution of special pre-trial investigation is a special procedure for realizing criminal proceedings, which provides a retreat from the usual procedure, the presence of significant differences and peculiarities in the activities of the competent authorities, which are provided at several stages of criminal procedure. The differences in legislation regulating special pre-trial investigation is the result of differentiation of criminal procedural form through widespread evasion suspects, which are located outside Ukraine, within the territory of the antiterrorist operation or the temporarily occupied territory of Ukraine, and announced in interstate and/or international, state wanted list for intentionally not appear on a summons of the investigator, prosecutor, investigating judge, for the implementation of the principle of inevitability of punishment.
Authors and Affiliations
С. В. Шмаленя, В. М. Валентій-Гезун
Keywords
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