CAUSES OF CORRUPTION RISKS IN CRIMINAL PRE-TRIAL PROCEEDINGS

Abstract

The article analyzes the main factors that determine the emergence of corruption risks in criminal pre-trial proceedings in Ukraine. Based on the study of scholarly approaches, the provisions of the Criminal Procedure Code of Ukraine, judicial practice, and empirical observations, it is established that these risks have a multifactorial nature and are formed through the interaction of normative, law-enforcement, and financial- technical factors. One of the key sources of their emergence is identified as regulatory uncertainty, in particular the lack of clarity in defining the scope of powers of investigators, prosecutors, and investigative judges, the absence of an automated allocation of criminal cases, gaps in the procedures for determining jurisdiction, detention without a judge’s order, and the application of preventive measures. Such deficiencies create conditions for making subjective and non-transparent decisions without proper legal justification and reinforce the discretionary nature of procedural activities.Law-enforcement factors include instances of selective or biased application of procedural norms, deliberate violations of established procedures, abuse of powers to obtain personal gain or protect corporate interests, artificial fabrication of evidence, as well as inadequate performance of duties due to insufficient professional training.Financial-technical factors include the low level of material support for investigators and inquiry officers, excessive workload, the dependence of pre-trial investigation bodies on funding from local budgets, as well as technical limitations in the digitalization of criminal proceedings and problems in the field of electronic asset declaration. It is concluded that corruption risks are manifestations of a complex administrative and legal problem, the elimination of which requires simultaneous improvement of legislative regulation, enhancement of the professional and ethical competence of personnel, and the introduction of effective mechanisms of independent oversight.