Review

The article is devoted to the actual problem of practice and theory of criminal proceedings – the possibility to ask the leading questions at the interrogation on pre-trial investigation. The leading questions are the type of questions, that contains the answer, a part of the answer or a hint to the answer. Based on the analysis of scientific works of Ukrainian and foreign scientists, previous legislation of Ukraine and the legislation of foreign states, as Lithuania, Georgia, Moldova, Kazakhstan, Russian Federation, Belarus, the author makes a conclusion, that exclusion of prohibition to ask the leading questions at the interrogation on pre-trial investigation in CPC of Ukraine 2012 year was unjustified. Comparison of scientific positions can lead to the conclusion that such type of questions always considered as inadmissible and amoral. There are not any explanations, why such necessary rule of previous legislation and opinions of scientists were ignored. That is why, in the current criminal procedure legislation, the exclusion of the prohibition to ask the leading questions at the interrogation on pre-trial investigation should be understood as a legal omission. Unfortunately, this legal omission can lead to the probability of rights violations at the interrogation. That is why the author gives proposition to the CPC of Ukraine which forbid to ask the leading questions at the interrogation on pre-trial investigation. Also the author gives a recommendation to use method of historical interpretation at interrogation. According to this method, officials of law-enforcement bodies should clarify the meaning of the legal rule according to the social conditions and history of its appearing in the legislation. This recommendation can help to prevent asking of leading questions according to current CPC of Ukraine.

Keywords: criminal proceedings; interrogation; pre-trial investigation; the leading questions; legal omission; historical interpretation.