Анотація

The article analyzes the provisions of paragraph 9 Section XV of the Constitution of Ukraine, paragraph 4 Section XIII of the Law of Ukraine "On Prosecutor's Office", paragraph 1 Section X of the CPC of Ukraine, the practice of their application is examined, on the basis of which it is concluded that there is a certain legal conflict between them, related to the commencement of investigations by the investigating bodies of the State Bureau of Investigations of the powers granted to them, the presence of which adversely affects the formation of law enforcement practices and the effectiveness of investigating crimes investigated by the bodies of the State Bureau of Investigations.

On the basis of systematic analysis of scientific and journalistic sources devoted to the problematic issues of establishing and starting functioning of the bodies of the State Bureau of Investigations, the provisions of the current Ukraine’s legislation and materials of law enforcement practice, possible ways of solving the problem issues of investigations of the State Bureau of investigations of the powers granted to them are grounded.

It is concluded that the function of the pre-trial investigation of the prosecutor's office is temporary. The term of its implementation ends with the commencement of the operation of the new bodies of pre-trial investigation, which by law, depending on their jurisdiction, powers are transferred to investigate criminal offenses. It is noted that the provisions of paragraph 9 of Section XV "Transitional Provisions" of the Constitution of Ukraine are of a general nature and find their detailed specification in other sectoral legislative acts.

It is indicated that the term of the prosecution authorities' investigative powers to investigate the crimes attributed to the investigation of the bodies of the State Bureau of Investigation expired on November 20, 2017. Accordingly, the investigative bodies of the prosecutor's office are deprived of procedural authority to exercise the temporary function of pre-trial investigation given to them. The only exception in this case is the provision of paragraph 2, paragraph 1, of Section X of the CPC of Ukraine, the legislative capacity of the investigating authorities of the prosecutor's office to investigate crimes attributed to the investigations of the bodies of the State Bureau of Investigations, if they were initiated before November 20, 2017, but not more than two years.

Taking into account that the provisions of paragraph 4 Art. 216 of the Criminal Procedure Code of Ukraine have already come into force, and the State Investigation Bureau has not actually started functioning as a pre-trial investigation body, and the Ukrainian criminal procedure legislation does not regulate other entities authorized to implement these legislative provisions, suggest ways to optimize the provisions of the current CPC of Ukraine in this part.

There is a need to change the modern paradigm of the interconnection of operational-search activity and pre-trial investigation, provided by the Law of Ukraine "On the State Bureau of Investigations" and the introduction of the Detective Institute in the State Bureau of Investigations.

Keywords: State Bureau of Investigations, Evidence, Detectives, Pre-trial Investigation, Prosecution, Prosecutor's Office, Investigators.