ЗМАГАЛЬНІСТЬ ПРИ ПРОВЕДЕННІ ДОСУДОВОГО СЛІДСТВА

Abstract

Criminal proceedings are conducted on the basis of competitiveness, which involves independent defense by the prosecution party and the party of protection of their legal positions, rights, freedoms and legal interests by the means provided by the Criminal Procedure Code. The parties to criminal proceedings have equal rights to collect and file in court things, documents, other evidence, motions, complaints, as well as the exercise of other procedural rights.

Parties to criminal proceedings - from the prosecution: the investigator, the head of the pre-trial investigation body, the prosecutor, as well as the victim, his representative and legal representative in cases established by the Criminal Procedure Code; from the side of the defense: suspect, accused (defendant), convicted, acquitted, a person for whom the use of compulsory measures of medical or educational character or the question of their application, their defenders and legal representatives is being decided.

Investigating the possibility of parties being competitive during the pre-trial investigation, the focus is on the case of the suspect, his lawyer on the one hand, and the prosecutor and the investigator on the other.

It is stated that the possibility for the implementation of the principle of competitiveness during the pre-trial investigation is provided in the CCP.

It is determined that the initial moment of competition during the pre-trial investigation for the suspect is the moment determined in part 1 of Art. 42 of the CCP, for his lawyer - Part 1 Art. 48 CPC.

The beginning of the pre-trial investigation is the starting point for implementation of the principle of competition by the prosecutor and the investigator.

Given the need to safeguard the rights, freedoms and legitimate interests of participants in criminal proceedings, to ensure prompt, full and impartial investigation and trial, given that a number of important procedural or procedural decisions are made by an investigating judge, greater opportunities for the parties to compete by adjusting the procedure of the criminal proceedings themselves. Namely - in the case of application to a person of pre-trial detention in the form of detention (the application of this pre-trial measure already speaks about the weight of the available evidence of the commission of a criminal offense (paragraph 1 of Article  178 of the CCP), further criminal proceedings should be carried out exclusively in court, where the parties to the prosecution and defense would be competing, because the court investigates the evidence directly (Article 23 of the CCP), and no evidence for the court under Article 94 of the CCP has pre-established force.