Review

According to the analysis of scientific resources devoted to the prosecutor functions and materials of law enforcement activities, article deals with the defining prosecutor’s duties on the initial stage of pre-trial investigations, also article considers specificity of its implementation. Furthermore, author analyzes provisions of Criminal Procedural Code and the Law of Ukraine ‘About the Prosecutor’s office’ in its conformity to Constitution of Ukraine, especially in part of the duties of prosecutor of pre-trial investigation.

The purposes of the article is to investigate the current legislation changes of the Criminal Procedural Code (CPC) of Ukraine, define the accuracy of these changes on the initial stage of pre-trial investigation and means of actions in accordance with the latest amendments to the criminal procedural legislation. In purpose to form on this stage appropriate law enforcement practice.

In the article, the term of procedural guidance of pre-trial investigation was defined and established that purpose of the prosecutor’s responsibility on the initial stage of pre-trial investigation. There also defined that the main purpose of prosecutor’s responsibility on this initial stage of pre-trial investigation is to ensure human and citizens’ rights and freedoms. It is also determined that, at the initial stage of pre-trial investigation, the procedural guidance of the prosecutor is to determine the timeliness, legality, and validity of the investigator's decision. Moreover, the prosecutor has to initiate the pre-trial investigation, determine jurisdiction, check the provision of criminal investigations and verify whether the information was correctly put to the register of pre-trial investigation. And in the case of non-effective pre-trial investigation prosecutor should assign it to another pre-trial investigation body.

It has been established that the prosecutor's powers at the initial stage of pre-trial investigation are aimed to ensure crime detection measures to be taken swiftly. In the case of ineffective pre-trial investigation, there is a need to transfer criminal proceedings to another pre-trial investigation body. In order to improve the Criminal Procedural Code of Ukraine, in order to ensure a prompt, complete and unimpeded investigation and court proceedings, it is proposed to amend the Criminal Procedural Code of Ukraine, for instance to the part 5 article 39 of CPC of Ukraine in part of defining a list of all misconducts investigation actions, which could lead to removal of investigating officer from pre-trial investigation.

Key words: prosecutor, powers of prosecutor, initial stage of pre-trial investigation, pre-trial investigation, procedural guidance of pre-trial investigation.