Review

The article deals with issues about the legal nature of the request of the investigator and the prosecutor in the procedure of legal restrictions on the right for freedom and personal immunity in criminal proceedings. Based on the analysis of the relevant provisions of the applicable national legislation contained in scientific sources viewpoints of scholars and practitioners, the article makes an attempt to determine the category of the request in the procedure of legal restrictions on the right for freedom and personal immunity in criminal proceedings. Also, the article dedicated to research the procedure for submission and consideration of the investigators and prosecutors request to preventive measures, which restricting the right for freedom and personal immunity in criminal proceedings.

It is noted that the time of filing the court petition for the preventive measure does not limit the prosecutor in the possibility of its withdrawal of the amendment. Thus, the reason for the recall petition for the preventive measure is the circumstances that previously notified refute the suspicion of a criminal offense or indicate the need to replace it. And do it the prosecutor should promptly after it become known these facts.

Based on the research the author concludes that the system of rules, which governs the actions of investigator and prosecutor for submission the request in the legal restrictions on the right for freedom and personal immunity in criminal proceedings, should be regarded as an independent institute in criminal procedure. This position is confirmed by its subject and the range of persons, who have the right for submission, and persons, who authorized to review and resolve this request.

This institute of the investigators and prosecutors request in the procedure of legal restrictions on the right for freedom and personal immunity is very important in criminal proceedings because it promotes for full and objective investigation of the case.

Keywords: request, legal restrictions on the right for freedom and personal immunity in criminal proceedings, measures to ensure the criminal proceedings.