Review

The author of the article, based on the analysis of the provisions of the criminal procedural legislation, concludes that the current CPC of Ukraine, in comparison with the CPC of 1960, substantially improved the criminal procedural guarantees of the prosecutor as a subject of averment during holding an inspection in the pre-trial investigation. At the same time, the five-year experience of the application by the authorized agents of the prosecution has shown that the criminal procedural guarantees of prosecutor as a subject of averment during holding an inspection in a pre-trial investigation are inadequate as foreseen by the current CPC of Ukraine.

The author points out the imperfection of the provisions of the first part of the Article 241 of the CPC of Ukraine, which defines the essential purpose of the inspection in criminal proceedings, and underlines the fact that it shall be amended as follows: "An investigator, a prosecutor makes an inspection of suspect, witness or victim for the detection and extraction of traces of a criminal offense on their body, or detection of special signs, if this does not require a medicolegal investigation. Detected, seized traces of a criminal offense or detection of special signs are subject to mandatory fixation in the protocol of inspection. "

It is noted that the exclusive authority of the prosecutor to make a decision on holding an inspection has a negative effect on the effectiveness of the implementation of the criminal procedural guarantees of the prosecutor as a subject of averment during holding an inspection in a pre-trial investigation. Based on the analyses of the scientific points of view on this issue, as well as taking into account the criminal procedural legislation of certain foreign countries, the author of the article proposes to amend the article 241 of the CPC of Ukraine, namely: the first sentence of Part 2 of this article shall be amended as follows: "The inspection is carried out on the basis of a resolution of the investigator, the prosecutor and, if necessary, with the participation of a medical assessor or a doctor"; the first sentence of part 3 of this article shall be amended as follows: "An investigator, a prosecutor, before the beginning of the inspection of the person, present to this person a determination for holding an inspection."

Key words: criminal procedural guarantees; the prosecutor; subject of averment; inspection; pre-trial investigation.