SOME ISSUES OF THE BEGINNING OF PRE-TRIAL INVESTIGATION IN CRIMINAL PROCEEDINGS REGARDING THE APPLICATION OF CRIMINAL-LEGAL MEASURES TO A LEGAL ENTITY

Abstract

The institute of criminal proceedings against a legal entity is an innovative implementation of criminal procedural legislation. Despite a wide cohort of opponents of its existence in criminal proceedings, the efforts of our state to become an equal member of the European community and the interests of society have led to its appearance in the current legal field of Ukraine.

Currently, criminal procedural legislation provides for the implementation of two procedures for initiating a pre-trial investigation in this type of proceedings, namely:

1) criminal proceedings regarding the application of criminal law measures to a legal entity, which requires the mandatory identification of an individual whose actions or inaction fall under the characteristics of an act provided for by the Criminal Code of Ukraine;

2) criminal proceedings regarding the application of criminal law measures to a legal entity in a special procedure, which does not require the mandatory identification of an individual whose actions or inaction fall under the characteristics of an act provided for by the Criminal Code of Ukraine.

The article analyses the beginning of a pre-trial investigation in the second type of proceedings. The analysis of the provisions of the Criminal Procedure Code of Ukraine indicates its significant differentiation in comparison with the general procedure. The peculiarities of the grounds and conditions for making the appropriate decision, the circle of subjects authorised to do so are traced. Of scientific interest is also the assessment of the ability of the prosecutor, without receiving prior information about the presence of grounds and conditions before the commencement of criminal proceedings, to begin a pre-trial investigation in criminal proceedings regarding the application of the Criminal Procedure Code to a legal entity in a special procedure. Taken together, all this encourages scientific research and resolution of the issues related to the beginning of a pre-trial investigation in criminal proceedings regarding the application of criminal-legal measures to a legal entity in a special procedure.

As a result of the development of the relevant direction of research, proposals were made to amend the current legislation of Ukraine.


References

1. Vapniarchuk, V. V. Theory and Practice of Criminal Procedural Proof: Monograph. Kharkiv: Yurait, 2017. 408 p.
2. Hloviuk, I. V., Stepanenko, A. S. The Standard of Proof “Reasonable Suspicion” in Criminal Proceedings. Legal Position. 2018. No. 1(20). Pp. 13–20. URL: https://www.academia.edu/37933623/ Horodetska, M. S. Application of Standards of Proof in Criminal Proceedings. Ukrainian Police Studies: Theory, Legislation, Practice. 2021. No. 2(2). Pp. 67–74.
3. Stepanenko, A. S. The Standard of Proof “Beyond Reasonable Doubt” in Criminal Proceedings: Extended Abstract of PhD Dissertation in Law: 12.00.09. National University “Odesa Law Academy”. Odesa, 2017. 23 p.
4. Sokaliuk, V. P. Existing Standards of Proof and the Judge’s Inner Conviction in Decision-Making in a Case. South Ukrainian Legal Journal. 2024. No. 1. Pp. 182–189.