On the issue of the quality of criminal procedural legislation that regulates the procedure for appealing the decisions of the investigating judge
Journal Title: ПИТАННЯ БОРОТЬБИ ЗІ ЗЛОЧИННІСТЮ - Year 2019, Vol 1, Issue 37
Abstract
The article is dedicated to the study of normative content of the principles of legal proceedings, stipulated in clause 8, part 2 of Art. 129 of the Constitution of Ukraine – «ensuring the right to appeal the case and in cases determined by law – to a cassation appeal of a court decision» in the aspect of its implementation in obtaining judicial protection of the rights, freedoms and legitimate interests of participants in criminal proceedings during pre-trial investigation. Namely, the question is considered concerning the possibility of an appeal against the decision of the investigating judge, which is decided on the results of consideration of the complaint about the inaction of the investigator, the prosecutor, that consists in non-submission of information about a criminal offense to the Unified Register of Pre-trial Investigations after receiving a statement on the commission of a criminal offense. The legal positions of the European Court of Human Rights and the Constitutional Court of Ukraine regarding judicial protection of the rights, freedoms and legitimate interests of individuals are presented. The main tendencies of the domestic judicial practice in dealing with complaints about inaction of the bodies of pre-trial investigation, as well as appeals and cassation appeals against the decisions of the investigating judge are presented in accordance with the results of their consideration. The problem of the sufficiency of means of judicial control over the observance of human rights and freedoms is analyzed in case of inactivity of the investigator, the prosecutor, which consists in non-submission of information about a criminal offense to the Unified Register of Pre-trial Investigations after receipt of the application and notification of a criminal offense. Taking into account the stated issues, the quality of criminal procedural legislation, which regulates the procedure for appealing the decisions of the investigating judge, is studied. It has been concluded that the legislative limitation of the possibility of appealing against the said decision of the investigating judge does not comply with the Constitution of Ukraine and European standards of justice. On the basis of the executed study, it is proved that the criminal procedural law should provide for the possibility of appeal against the decision of the investigating judge on the refusal to satisfy the complaint about the inaction of the investigator, the prosecutor, which consists in non- submission of information about a criminal offense to the Unified Register of Pre-trial Investigations, and, accordingly, an appeal review of such decision, since it impedes the access of a person to justice, that, in fact, stipulates its exceptional importance in terms of protecting the rights and freedoms of people.
Authors and Affiliations
O. G. Shylo, О. V. Verkhogliad-Herasymenko, O. I. Marochkin
Keywords
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