- Journal Issues
- № 2 2018 Actual problems of criminal justice
- Problems of criminal procedure
- «Riddle of the tenth item» or new basis to close the criminal proceedings
«Riddle of the tenth item» or new basis to close the criminal proceedings
Review
In October and November in 2017 Criminal Procedural Code of Ukraine was supplemented by a number of significant changes. In particular, part of the changes regarded the question of closing of criminal proceedings. Article number 284 of the Code of Criminal Procedure was supplemented by new points, which established an independent basis for closing criminal proceedings.
This article is devoted to the analysis of the changes to the Code of Criminal Procedure of Ukraine mentioned above. In this article the main features of changes are considered, the author's assessment of their legal perfection and forecasts for the further application is expressed.
In this article the disadvantages of new amendments to the Code of Criminal Procedure are described. In addition, it is illustrated the peculiarities of interpretation of new changes as well as analyzed the opportunity of compensation for moral harm during the the process of closing criminal proceeding.
The author predicts possible complications, concerning the application of law changes. The situation is considered from the position of defense lawyer. In the article, the author offers advocates the algorithms which aimed at protecting rights of the suspect. Last but not least, the position on the haste and imperfection of individual innovations is expressed and argued. Also new changes to the Code of Criminal Procedure are proposed.
Key words: Criminal Procedural Code of Ukraine, changes to the Criminal Procedural Code of Ukraine, closure of criminal proceedings, end of pre-trial investigation.