ORGANIZATION OF ENSURING CONFIDENTIALITY OF PRE-JUDICIAL INVESTIGATION AT THE INITIAL STAGE OF CRIMINAL PROCEEDINGS

Abstract

This scientific article is devoted to the organization of ensuring the secrecy of the pre-trial investigation at the initial stage of criminal proceedings. First, the author emphasizes that the current Criminal Procedure Code of Ukraine contains only one article. 222, which enshrines the provision on the inadmissibility of disclosure of pre-trial investigation information, where, in particular, it is stated that pre-trial investigation information can be disclosed only with the permission of the investigator or prosecutor and to the extent they deem possible. It was determined that ensuring the confidentiality of the pre-trial investigation at the initial stage of criminal proceedings is the creation of reliable conditions to guarantee the implementation of the criminal procedural law in terms of maintaining the secrecy of information about the progress, nature and features of the pre-trial investigation, which begins from the moment of filing a statement, notification of the commission of a crime of a criminal offense, independently discovered by the investigator, prosecutor from any source of circumstances that may indicate the commission of a criminal offense. Risks that directly affect the preservation of the confidentiality of pre-trial investigation information are identified, which are divided into two types: objective and subjective. It is noted that the risks of an objective nature are provisions determined by normative legal acts, the implementation of which is provided for by criminal procedural legislation, related, for example, to the implementation of departmental control and procedural management in criminal proceedings, and lead to an increase in cases of forwarding of criminal proceedings materials for its study and guidance. In the end, it was found out that the risks of a subjective nature are associated with the expansion of the circle of persons involved in criminal procedural activities, as well as auxiliary personnel (secretaries, assistant investigators), who become aware of the beginning and state of the pre-trial investigation of a certain proceeding, taking into account the need referral of criminal proceedings to the procedural head of the prosecutor’s office within 1–3 days from the moment of entering information into the Unified Register of Pretrial Investigations for providing instructions in criminal proceedings.