PROCEDURAL FEATURES OF THE PRE-JUDICIAL INVESTIGATION OF CRIMINAL OFFENSES

Abstract

The need for legislative regulation of the application of the provisions of the Criminal Procedure Code of Ukraine regarding the specifics of the pre-trial investigation of criminal offenses and their trial has both theoretical and practical significance. Distorted interpretation of the norms by various subjects of the criminal process leads to a wrong perception of the legislator's idea of simplifying criminal proceedings. The article examines scientific and practical approaches to criminal misdemeanors, the stages of formation, definition of concepts and clarification of terminology, the mechanism of application taking into account the needs of practice. An important moment that gives rise to a change of concepts in the practical activity of the parties to a criminal proceeding (the suspect and/or his defense counsel) is the moment when the prosecutor makes a decision to apply to the court with an indictment, a request for the application of coercive measures of a medical or educational nature. It was noted that the peculiarity of the conclusion of the inquiry is the provision of copies for review (instead of the requirements of Article 290 of the Criminal Procedure Code of Ukraine). And here it is necessary to pay attention that the inquiry ends, and not ends. That is why it is correct to interpret the "end of inquiry", because the prosecutor sends the case to the court without waiting for review, there is no notice of completion and the process of opening the materials (but he hands over a copy of the inquiry materials). Thus, criminal offenses have a positive effect on the effectiveness of the system as a whole. The main tasks faced by criminal misdemeanors: humanization of criminal responsibility; speeding up the investigation and trial of minor criminal offenses; offloading the investigation for better investigation of serious and especially serious crimes, the Institute of Criminal Misdemeanors optimized the use of judges' resources, etc. Regarding the practical impact of criminal misdemeanors on the effectiveness of the pre-trial investigation, the following can be distinguished: the speed of the investigation, the amount of resources spent on the investigation; the quality of the pre-trial investigation and trial of criminal misdemeanors will show a certain period of time, which will make it possible to draw the first conclusions, evaluate the existing successes and shortcomings and correct them in time.