Review

The author of the article shows some problematic issues of realization of criminal procedural guarantees of the prosecution party as the subject of obtaining evidence by using such instrument as the temporal access to things and documents in pre-trial investigation.

It is noted that today among the practical workers there are cases of indicating in the petitions or in decisions on temporary access to things and documents by the executors the use of the appropriate instruments  of obtaining evidence is indicated by the staff of the operating  departments. It is substantiated that such practice of preparation and drawing up of petitions or decisions on temporary access to things and documents contradicts the legal principles of evidence.

It is indicated that in most cases the execution by the operating departments of the orders of the investigator, the prosecutor for temporal access to things and documents becomes the basis for the statement by the defenders of petitions during the preparatory court proceedings or judicial review of the recognition of the results of the relevant procedural action by inadmissible evidence in criminal proceedings, since they are received in the manner not provided for by the CPC of Ukraine. It turns out that such situation negatively affects the effectiveness of the implementation of criminal procedural guarantees of the prosecution as a subject of evidence in the pre-trial investigation

The author proposes to substantially expand the legislative boundaries of providing investigators, prosecutors with instructions for other procedural actions in criminal proceedings. It should be minded that operating departments in practice not only provide temporary access to things and documents, but also other procedural actions, in particular - temporary seizure of property, detention, report suspicion, etc. In this regard, it is proposed to amend the article. 36, 40, 41 and other articles of the CPC of Ukraine, provide for the right of the investigator, the prosecutor to assign operating departments to other procedural actions.

Keywords: proof; the prosecution party; obtaining evidence; criminal procedural guarantees; temporary access to things and documents.