- Journal Issues
- № 1 2017 Actual problems of criminal justice
- Problems of criminal procedure
- Normative regulation of the beginning of criminal proceedings
Normative regulation of the beginning of criminal proceedings
Review
Criminal procedural activities of the initial stage of pre-trial investigation, which begins with untying the information about a criminal offense into the Unified Register of Pre-judicial Investigations, are considered. It is noted that for a long time pre-trial investigation was preceded by the verification of statements and messages on crimes which were carried out in the period specified in law by available means. An adoption of the new Criminal Procedure Code of Ukraine cancelled or minimized such activities. This caused in a significant increase of the burden on investigators and a decline of the effectiveness of their work. A significant number of registered crimes remained unsolved, the rights and interests of persons who suffered from damages from the crime do not resume.
It is noted that the requirement of part 1 of Article 214 of the Code of Criminal Procedure of entering data into the Register not later than 24 hours after the statement or message does not apply to all originating in another part of the body of the National Police, but only those that point to signs of a criminal offense. This requires from the investigator, the Prosecutor, the authorized official to determine the essence of information contained in the statements and messages for making a lawful and reasonable procedural decision.
Currently, the activity on the acceptance and registration of statements and reports on offences is regulated by executive instructions of the Ministry of Internal Affairs of Ukraine. Since this activity is associated with the adoption and consideration of an information on offences to resolve it in the Code of Criminal Procedure. The decision about the beginning of the pre-trial investigation can be made only under fixed in the law reasons and relevant grounds (data, indicating the signs of a criminal offense). The only form of this procedure should be the decision of the investigator, and its removal by the investigator requires untying the information into the Register.
Keywords: drives, grounds, procedural decisions, procedural legal relationships, the beginning of the investigation.