Анотація

The article is devoted to the analysis of issues of observance of the right to defense at pre-trial proceedings. On the basis of analysis of ECHR practice, provisions of Criminal Procedural Code of Ukraine, judicial practice, it is proved that not serving a copy of motion to extend time limits of pre-trail investigation on suspect and his defense counsel by investigator or prosecutor who supervises the compliance with law in the course of the pre-trial investigation is a violation of right to defense, principle of reasonable time and adversary and freedom to present their evidence to the court and prove the preponderance of evidence before the court as in that case defense finds itself at a disadvantage compared to prosecution.

Not serving a copy of the motion on suspect and his defense council by investigator or prosecutor who supervises the compliance with law in the course of the pre-trial investigation should bring criminal sanctions with it in the form of repealing the decision and to declare all pieces of evidence inadmissible that were collected after extending time limits of a pre-trail investigation. Extending the limits of a pre-trail investigation may require changing the defense tactics.

It is stated that during a trial defense counsel should make a motion for declaring all pieces of evidence inadmissible that were collected after extending time limits of a pre-trail investigation in case of not serving or delayed serving a copy of the motion on suspect and his defense counsel by investigator or prosecutor who supervises the compliance with law in the course of the pre-trial investigation.

Keywords: defense, adversary, prosecutor, time limits of pre-trail investigation, motion.