Review

In paper on the basis of the analysis of relevant legislation and other sources stated that the development of legislation on the court and the prosecutor's office and the criminal procedure law in the last 25 years was subordinated to the strategic direction established already in the Declaration of State Sovereignty of Ukraine in 1990 and the Act of Independence of Ukraine 1991, where it was emphasized that the future development of Ukraine will be associated with the formation of law state, giving priority to human rights and their guarantees, including activities related to the court and the prosecution. We study the contents of powers of prosecutor and the court (the investigating judge) concerning the guarantee of individual rights during pre-trial investigation. There is tendency consistent expansion of powers of the investigating judge, aimed at ensuring every participant in the process of illegal restriction of rights in the application of preventive measures and other measures to ensure the criminal proceedings, during the overt and covert investigative (detective) action. An exception to this tendency is temporary retreat by legislator of Ukraine in conditions of armed aggression of the Russian Federation against Ukraine and of ATO of the Convention on Human Rights in 1950 and the Constitution of Ukraine on judicial guarantees of individual rights by transferring powers to the prosecutor of investigating judge granting permission for the detention of persons suspected of involvement in terrorist activities, of covert investigative (detective) actions and other proceedings that restrict individual rights in case of failure of the investigating judge of these powers in a timely manner. To ensure the successful implementation of tasks of quick, full and impartial investigation and pre-trial proceedings (Article 2 CPC) in criminal proceedings against the Armed Forces of Ukraine and other military formations, offered to resume on a regular basis, not only the military prosecutor's office that has been done, but the military courts, and to amend the Law of Ukraine "On the Judicial System and Status of Judges" and the CPC of Ukraine.

Key words: criminal proceedings, pre-trial investigation, the rights of person, the investigating judge, judicial control, the powers of the prosecutor.