THE MECHANISM OF INTERACTION OF THE INVESTIGATOR WITH THE PROSECUTOR: FAULTS AND WAYS OF IMPROVING
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
The article analyzes the mechanism of interaction between the investigator and prosecutor in the pre-trial investigation on the current Criminal Procedure Code of Ukraine. The narrowing of powers and limitation of independence in decision-making process of investigator requires from him an effective cooperation with the public prosecutor for a comprehensive, complete and rapid investigation of criminal offenses. It was found that one of the problem in mechanism of cooperation between the investigator and prosecutor is that the legislator is not always clearly determines the form and procedure of such cooperation. We need to make the appropriate changes to the Criminal Procedure Code of Ukraine to resolve this problem. At first, we need to regulate the procedure of obtaining an order of the prosecutor’s proceedings, which are held only by the decision of the prosecutor. It is proposed to establish the following order: the investigator makes a request to carry out appropriate investigative action to the public prosecutor, who immediately or during the day must resolve it and make an appropriate decision. It is also necessary to provide a mechanism of appeal the decision of the prosecutor to dismiss the petition of the investigator to the higher prosecutor through the head of the body of pre-trial investigation. Also was justified the necessity of regulation the compulsory attraction of the person for medical or psychiatric examination by analogy with a search warrant. It is necessary to establish the Code of Criminal Procedure of Ukraine mandatory written form of instruction prosecutor’s opening pre-trial investigation materials in the order of Art. 290 Code of Criminal Procedure of Ukraine as this will ensure that the investigator will act within the framework of the public prosecutor in accordance with the instructions of the Code of Criminal Procedure of Ukraine rate and will confirm its authority to conduct proceedings. Criminal Procedure Code of Ukraine did not provide the order of interaction between investigator and prosecutor in the case that addressing the issue of unification or separation of pre-trial investigation materials, so in that way was proposed to establish a unified mechanism of interaction between the investigator and prosecutor by filing a corresponding application and provide its period of consideration – for three days. The lack of regulation of the procedure before initiating of prosecutor the issue of closing criminal proceedings should be eliminated by the introduction of the Code of Criminal Procedure of Ukraine the authority of the investigator to appeal to the prosecutor with a request to close the criminal proceedings in the relevant grounds, which should be resolved within three days of its submission.
Authors and Affiliations
О. О. Кіпер
Keywords
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