ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Enforcement of сriminal proceedings against people's deputies: separate issues

Enforcement of сriminal proceedings against people's deputies: separate issues

Pages: 79-90
Year: 2017
Location: Pravova Ednist Ltd

Review

In the article, the author, based on the results of an analysis of the provisions of the current Criminal Procedural Code of Ukraine, the Law of Ukraine "On the Status of People's Deputy of Ukraine" and the Rules of Procedure of the Verkhovna Rada of Ukraine, Investigates the procedure for obtaining the consent of the Verkhovna Rada of Ukraine to bring the people's deputy to criminal responsibility and to conduct criminal proceedings against people's deputies.

It is noted that in the case of obtaining the consent of the Verkhovna Rada of Ukraine to bring the people's deputy of Ukraine to criminal responsibility, the General Prosecutor of Ukraine (Acting General Prosecutor of Ukraine) should immediately, on the same day, not later than 24 hours, draw up and submit to the people's deputy of Ukraine a statement of suspicion, and in the case of impossibility of such a service - in the manner provided by the CPC of Ukraine for the delivery of communications (sending by mail, e-mail, fax, etc.).

Taking into account the recommendations of the Venice Commission and critically assessing the current level of corruption in Ukraine, as well as taking into account the best practices of developed democratic countries, the author justifies the need to lay down Part 3 of Art. 482 CPC of Ukraine and Part 2 of Art. 27 of the Law of Ukraine "On the Status of People's Deputy of Ukraine" in the following wording: "Search, detention of a people's deputy of Ukraine or inspection of his personal belongings and luggage, transport, residential or office premises, as well as violations of the secrecy of correspondence, telephone conversations, telegraph and other correspondence and the use of other measures, including secret investigative (search) which according to the law restrict the rights and freedoms of the people's deputy of Ukraine, is allowed only if the Verkhovna Rada of Ukraine has been given the consent to bring him to criminal liability, except for cases of detention of a people's deputy of Ukraine during the commission of a grave or especially grave crime or immediately after its commission, if it is impossible to obtain actual data in other ways”.

Key words: people's deputy, evidence, criminal proceedings, prosecution, parliamentary immunity. 

Enforcement of сriminal proceedings against people's deputies: separate issues