Анотація

The article deals with the issues of providing the averment by an investigating judge throughout the duration of the interrogation of a witness, a victim during a pre-trial investigation in a court hearing.

The author proposes to provide in the current CPC of Ukraine an exhaustible list of grounds for interrogation of a witness, victim during a pre-trial investigation in a court hearing.

The article proves the necessity of supplementation part 1 article 225 of the CPC of Ukraine with paragraph 2 in the following wording: "In the application for interrogation of a witness, victim during a pre-trial investigation in a court hearing, the following shall be indicated: 1) the name of the criminal proceedings and its registration number; 2) a summary of the circumstances of the crime, in connection with the investigation of which the petition is filed; 3) the legal qualification of the crime with the indication of the article (part of the article) of the Criminal Code of Ukraine; 4) information about a witness, a victim, who must be interrogated during the pre-trial investigation in a court hearing; 5) place of interrogation of a sick witness, victim; 6) sufficient evidence, on the basis of which it is possible to make a decision to carry out an interrogation of a witness, a victim during a pre-trial investigation in a court hearing. The petition must also be accompanied by the originals or copies of documents and other materials by which the parties to the criminal proceedings substantiate the arguments of the petition, as well as extract from the Unified Register of Pre-trial Investigations on the Criminal Procedure in which the petition is filed”.

It is proved that the right to apply for an interrogation of a witness, a victim during a pre-trial investigation in a court hearing should have not only to the parties to criminal proceedings, but also the victim, his representative and legal representative.

Based on the needs of law enforcement practice, it is substantiated that the period of consideration by the investigating judge about applications for interrogation of a witness, a victim during a pre-trial investigation in a court hearing should not exceed 24 hours from the date of receipt of such petition.

Key words: investigating judge; judicial control; providing the averment; interrogation of a witness, a victim; criminal proceedings.