Review

The article is devoted to the problematic issues of development and adoption of the current Criminal Procedure Code of Ukraine and on the introduction of amendments and additions to it. The imperfection of its main legal institutions and the shortcomings in the organization of the functioning of criminal justice system are considered.

The proposals for conceptual directions of perfection of the current CPC of Ukraine and reforming the court, prosecutor's offices, pre-trial investigation and prosecution and advocacy are made: ensuring the functioning of a competitive model of the criminal process; a change in the interconnection of operational-investigative activity and pre-trial investigation ‒ a combination of search-investigative activity with a pre-trial investigation at the Detective Institute; reforming of protection function and advocacy of Ukraine; a change in the paradigm of criminal procedural evidence, taking into account the possibilities of modern scientific and technological progress and standards of proof of the European Court of Human Rights; it is proposed to expand the network of judicial and expert institutions at the expense of private institutions and increase the requirements for their accreditation; promotion and extension of the criminal procedural guarantees of judicial control as the most effective means of ensuring the lawfulness over observance of the rights, freedoms and interests of persons in criminal proceedings and the most effective means of prooftaking in criminal proceedings; promotion and extension of the criminal procedural guarantees of the court and an indicator of the effectiveness of the criminal justice bodies, the completion of judicial reform, which provides the creation of a professional and independent court; reforming training for criminal justice and reforming legal and special education according to the standards of democratic legal world countries and, in particular, the EU.

It is concluded that only the comprehensive and systematic improvement of the current CPC of Ukraine with the foreground discussion in the professional domestic environment of the changes and additions and the reform of the criminal justice bodies in accordance with the standards of legal democratic countries can give positive results in building Ukraine as a democratic legal state with a social value of person and personal safety, and if necessary, protecting people's rights, freedoms and legal interests or to renew them.

It is proposed to improve some norms and institutions of the current CPC of Ukraine, in particular: to expand the powers of the defender in obtaining evidence; to expand the rights of the defender to appeal actions of investigator and to appeal of procurator's actions, in particular appeal of a notice of suspicion by the defender; to exclude from the powers of the investigating judge the control over the lawfulness of the application of the most lenient measure of providing criminal proceedings ‒ a personal commitment, as well as temporary access, unless this involves the suppression of the originals of documents.

The impossibility of delegation an investigating judge to call for expert evidence in criminal proceedings and to call for expert institutions as it does not correspond to the procedural status of an investigating judge and is a direct violation of adversarial system in a criminal trial, etc.

Key words: Criminal Procedure Code of Ukraine, court, investigator judge, prosecutor's office, advocacy, protection function, pre-trial investigation bodies, search, proof.