PROBLEMS OF INVESTIGATION OF CRIMINAL OFFENSES COMMITTED ON THE TERRITORY OF FOREIGN DIPLOMATIC INSTITUTIONS OF UKRAINE (ACCORDING TO THE LEGISLATION OF THE REPUBLIC OF TAJIKISTAN)

Abstract

Abstract. The article, based on a study of the content of the legislation of Ukraine, the criminal procedural code of the Republic of Tajikistan, international treaties to which both states are parties, analyzes the theoretical problems of pre-trial investigation of criminal offenses committed on the territories of diplomatic missions and consular institutions of Ukraine abroad. The legal conditions under which the pre-trial investigation of criminal offenses committed on the territory of a foreign diplomatic institution can be conducted under the legislation of the host country have been determined. Attention is focused on the main problems of pre-trial investigation of criminal offenses committed on the territories of foreign diplomatic institutions. Among them, there is a probable lack of experience in the implementation of appropriate procedural actions by the heads of such institutions, which in practice will prevent their effective implementation and proper consolidation of results in compliance with the criminal procedural form. They may face the most significant difficulties when conducting such procedural actions as inspection of the scene of the incident (Article 237 of the Criminal Code of Ukraine) and search (Article 234 of the Criminal Code of Ukraine). Attention is drawn to the problems of ensuring a person’s right to protection against unfair criminal prosecution during the relevant investigative (search) actions. The main shortcomings of the national legislation have been identified, which will prevent the effective application of the provisions of the Criminal Procedure Code of Ukraine in the investigation of crimes committed on the territory of foreign diplomatic institutions, including the insufficient regulation of the procedure for initiating criminal proceedings in such cases. The problem of conducting further scientific investigations, with the aim of developing proposals for improving national legislation in the field of activities of criminal prosecution bodies, has been updated. It was emphasized the need to bring to the diplomatic corps of Ukraine an official clarification of the Ministry of Foreign Affairs of Ukraine on the procedure for the application of Art. 519–522 of the Criminal Procedure Code of Ukraine, in order to avoid their arbitrary interpretation and heterogeneous use.