THE PROBLEM OF DETERMINING THE TERMS OF ACQUAINTANCE WITH THE MATERIALS OF THE PRE-TRIAL INVESTIGATION BY THE PARTIES OF THE CRIMINAL PROCEEDINGS IN ACCORDANCE WITH ARTICLE 290 OF THE CPC
Вантажиться...
Дата
2021
Назва журналу
Номер ISSN
Назва тому
Видавець
Centre for European Reforms Studies: Grand Duchy of Luxembourg
Анотація
The article analyzes the problems of determining the period of time that is not included in the pre-trial
investigation in connection with the completion of the pre-trial investigation and the opening of the proceedings for
review in the manner prescribed by Art. 290 of the Criminal Procedure Code of Ukraine. It is noted that the law does
not specify the time from which the terms of acquaintance with the materials of the proceedings are not included in the
general terms of pre-trial investigation, which significantly complicates the law enforcement process.
Analyzing the legal position of the Supreme Court, it is stated that the legal position of the Court is that the pretrial
investigation does not include the entire period from the moment of sending or direct service of such notice to
the defense party on completion of the pre-trial investigation. . However, the fact that the pre-trial investigation has
been completed must be duly confirmed, as must the fact that this information was communicated to the defense.
The absence in the materials of the criminal proceedings of confirmation by the defense of the notification of the
completion of the pre-trial investigation leads to a violation of the terms of the pre-trial investigation and as a
consequence of the closure of the criminal proceedings.
Considering the issue of determining the period of time that is not included in the pre-trial investigation in
connection with the completion of the pre-trial investigation in accordance with Article 290 of the CPC of
Ukraine, attention is drawn to the changes made to Part 5 of Art. 219 of the CPC of Ukraine, according to which
the day of notification to the suspect, his defense counsel, legal representative and defense counsel of the person
subject to coercive measures of medical or educational nature, on completion of pre-trial investigation and access
included in the materials of the pre-trial investigation within the time limits provided for in Article 219 of the CPC.
It is concluded that the period of acquaintance with the materials of the pre-trial investigation by the parties to the
criminal proceedings in accordance with Article 290 of the CPC of Ukraine begins the day after notifying the
defense of the completion of the pre-trial investigation and providing access to the materials of the pre-trial
investigation. investigation. The fact of informing about the completion of the pre-trial investigation, as well as the
fact of acquaintance of the defense with the materials of the pre-trial investigation must be duly confirmed.
Опис
Ключові слова
parties to criminal proceedings, pre-trial investigation, acquaintance with materials of pre-trial investigation, term for acquaintance., сторони кримінального провадження, досудове розслідування, ознайомлення з матеріалами досудового розслідування; термін ознайомлення.
Бібліографічний опис
Zhovtan Yu. THE PROBLEM OF DETERMINING THE TERMS OF ACQUAINTANCE WITH THE MATERIALS OF THE PRE-TRIAL INVESTIGATION BY THE PARTIES OF THE CRIMINAL PROCEEDINGS IN ACCORDANCE WITH ARTICLE 290 OF THE CPC. European Reforms Bulletin: international scientific peer-reviewed journal: Grand Duchy of Luxembourg. 2021. № 4. P. 86 - 92.