The article is devoted to the issue of interest to scientists and practitioners in the context of the application of a precautionary measure in the form of a personal guarantee — a description of the guarantor's personality as trustworthy. The study of the provisions of current legislation and the results of the scientific work of scientists has reasonably allowed us to draw appropriate conclusions.
The article analyzes some provisions of current legislation and judicial practice in order to clarify the content of the definition contained in Part 3 of Article 60 of the Criminal Procedure Code of Ukraine "the state of pre-trial investigation." This goal is conditioned by the norm of the Criminal Procedure Code of Ukraine, which stipulates that the applicant who is the whistleblower (except for the possibility: to receive from the body to which he submitted the application, a document confirming its acceptance and registration; confirmation of his statement of things and documents; recei
The analyzed positions of scientists that determine the content of criminal procedure functions. Here the question was examined regarding the content, the moment of occurrence and the stages of the implementation of the criminal procedure function of the prosecution. It is emphasized that the function of the prosecution is the driving force of the criminal process and contributes to the emergence of other criminal procedural functions of the defense and the trial.
The article deals with the problem of the nature of procedural coercion in the process of preventive measures related to the partial restriction of a person's freedom during criminal proceedings. In particular, an analysis of a relatively new preventive measure, which found anchoring in the current Criminal Procedure Code of Ukraine ‒ house arrest, which is a certain legislative filling in of the gap that arose between preventive measures, unrelated to the restriction of freedom of person, is provided.
The features of the protection of the victim’s rights during the pre-trial investigation are
considered. The victim is a party to the criminal proceedings, which is central. Ukraine is
proclaimed a democratic, rule of law state and directs its activities on the basis of
constitutional principles, in particular, a person is recognized as of the highest social value, and
criminal proceedings should ensure and protect this basic concept and orientation of the state’s
activity in the field of “human rights protection”. The legal mechanism of protection of the
The consolidation in the Criminal Procedure Code of 2012 of the institute of unspoken
investigative (investigative) actions took the unspoken means of obtaining information to a new
legislative level. However, it should be noted that such an innovation has generated a great deal
of debate among scientists and practitioners on understanding the nature of unspoken
investigative (search) actions and how they relate to operational and search activities. Some of
them consider it to be a progressive step of the legislator aimed at improving the means of
The article deals with the problem of determining the essence of the problem of the
procedural management of pre-trial investigation as an institute of prosecuting, as well as
establishing the correlation between the charges in criminal proceedings and the procedural
guidance at the stage of pre-trial investigation of criminal proceedings. On the basis of the
research of the scientific positions of individual scientists and the analysis of the current
legislation of Ukraine, it is concluded that the procedural management of the prosecutor by the
In the article on the basis of analysis of normative legal acts considered the problematic issues of appointment of forensic examination in criminal proceedings. The necessity of making appropriate amendments to the Law of Ukraine “On Forensic Expertise” is determined with the aim of bringing its norms in line with the CPC norms regarding the procedure for appointing forensic examinations in criminal proceedings.
The article is devoted to the problem of the use of polygraph psychophysiological
examinations in criminal proceedings. On the basis of the analysis of foreign experience of
conducting polygraph psycho-physiological examinations, the conclusion was drawn about the
importance of the experience of a number of states to solve the problem of the probative value
of psycho-physiological checks in criminal proceedings, as well as to improve the current
criminal procedural legislation of Ukraine.
The article is devoted to the problem of organization of forensic expert activity in the
process of criminal prosecution and, in general, the problem of improving the whole procedure
for obtaining evidence in the course of criminal proceedings. On the basis of the analysis of
domestic and foreign scientific literature, some issues of the organization of forensic expert
activity in some European states, as well as issues of legal (procedural) status of a judicial
expert are investigated. The conclusion is drawn about the importance of foreign experience in