Анотація

This article examines some problems of the enforcing of reasonable term during the preparatory proceedings. The author examines the factors that abuse reasonable term such as the returning of the guilty act to the prosecutor, the deposition of the preparatory court session by the judge and violation of the terms of appointment of the trial. It`s noted that judges should be aware of personal responsibility for the management of statutory deadlines for the quality of cases, to prevent facts delay, take all necessary measures for the strict observance of procedural terms. The author stresses that the terms of the case can`t be considered reasonable if they are violated by judges employment in another process, the appointment of court with large intervals, delaying the transfer of cases from one court to another, the deposition of the case due to its inadequate preparation for trial etc. In case of violation of the right of the accused to trial within a reasonable term attorneys should use international judicial institutions for the protection of principal.

It is noted that in the case of deposits appointment proceedings at the stage of preparatory proceedings for any reason (ruling on the return of the indictment, the deposition of the preparatory court hearing), the lawyer should apply for cancellation or change the preventive measure on grounds no proof of the prosecution presence procedural conditions (risks) that would have determined the continued application of preventive measures. In the case of arbitrary, systematic delays preparatory court hearing, infringement of the principles of continuity of the preparatory court hearing and / or violation of terms of appointment proceedings should declare the application for refusal on grounds of bias.

Keywords: reasonable term, preparatory proceedings, the indictment detention, the right to a fair trial.