ON THE IMPLEMENTATION OF CRIMINAL PROCEDURAL GUARANTEES BY THE PROSECUTOR DURING THE SPECIAL PRE-TRIAL INVESTIGATION
Authors:   National Academy of the Security Service of Ukraine, Kyiv, Ukraine, Pohoretskyi M. M , Sukhachova I.O. ,   National Academy of Internal Affairs, Kyiv, Ukraine
Published: March 2024

The article is devoted to the study of certain problematic issues of the prosecutor’s implementation of criminal procedural guarantees during a special pre-trial investigation. The authors determined the classification of the prosecutor’s criminal procedural guarantees as a party to the accusation and as a subject of proof in the differentiated procedures of the pre-trial investigation according to the criterion of differentiation of the procedural form of the pre-trial investigation. Peculiarities of implementation by the prosecutor of criminal procedural guarantees of the prosecution as a subject of evidence in a special pre-trial investigation (in absentia) have been studied. It has been proven that in order to carry out a special pre-trial investigation, the decision of the investigating judge on granting permission to carry out a special pre-trial investigation is necessary, the grounds for which are: 1) criminal proceedings carried out in connection with the crime committed by an adult, specified in part 2 of the article 297–1 or in the second paragraph of clause 20–1 of the Transitional Provisions of the Criminal Procedure Code of Ukraine; 2) the presence of factual data in criminal proceedings that give grounds to suspect a person of committing such a criminal offense; 3) the suspicion was reported to such a person in accordance with the procedure established by the Criminal Procedure Code of Ukraine; 4) the suspect has been hiding from the investigation authorities and the court for the purpose of evading criminal responsibility and has been declared an interstate and/or international wanted person, or who has been hiding from the investigation authorities and the court for the purpose of evading criminal responsibility for more than six months and/or for whom there are actual facts data that he is outside of Ukraine, in the temporarily occupied territory of Ukraine or in the area of anti-terrorist operation. It was concluded that the process of implementing the criminal procedural guarantees of the prosecution as a subject of proof in a special pre-trial investigation (in absentia) is characterized by a certain procedural limitation of the evidentiary activity of the prosecution in obtaining evidence or verifying it, the difficulty in comprehensively and fully establishing the circumstances that are included in the subject of the prosecution’s evidence, which is due, first of all, to the absence of such a participant in the criminal proceedings as a suspect in the criminal proceedings and, accordingly, the impossibility of the prosecution to use such an effective means of obtaining evidence or checking already received evidence as questioning the suspect or conducting other priority SRD with the suspect’s participation (presentation for identification, investigative experiment, simultaneous interrogation of two or more interrogated persons).