Review

In the article on the basis of analyse of research results and current procedural legislation, the conception of criminal jurisdiction proceedings is analysed, its types and problematic issues of identifcation of the investigative jurisdiction by the prosecutor within pre-trial investigation are determined. According to the articles 216, 218 of Criminal Code of Ukraine, it is possible to identify the following types of jurisdiction: 1) objective (generic) – is identifed by qualifcation of crime and is intended to diferentiate the investigative jurisdiction between diferent authorities of pre-trial investigation (part 1, paragraph 1 part 2, paragraph 1 part 3 of article 216); 2) territorial – is identifed by the place of crime commitment (part 1, 3 article 218 of Criminal code of Ukraine); 3) personal – is identifed by the only feature of crime subject, such as current post (part 4, 5 article 216 of Criminal code of Ukraine); 4) by the connection of proceedings (paragraph 2 part 2, paragraph 2 part 3, part 6, part 8 of article 216 of Criminal Code of Ukraine); 5) Alternative – is identifed by that authority which has started the criminal proceedings (part 8 of article 216). Unacceptability of alternative jurisdiction is proved, sense of which is that who has revealed the criminal misdeed or who started it should fulfl the pre-trial investigation. Alternative jurisdiction is to be only in cases when legislator clarifes himself with exceptional list of cases concerning that it is possible to apply such type of jurisdiction. It is proved that powers of identifcation of criminal proceedings jurisdiction by the prosecutor are caused by constitutional function of the prosecutor concerning fulflment by him arrangements and conduct of procedural pre-trial investigation regardless of departmental belongings of pre-trial investigation authorities. Problematic issues of violation of rules of jurisdiction that can lead to acceptation prove as inadmissible issues within trial proceedings are analysed.

Key words: prosecutor, jurisdiction, pre-trial investigation, inadmissibility of proves