Tasks and Content of procedural Guidance of Pre-Trial Investigation of Criminal Offenses Committed by a Group of Persons
Abstract
The author has carried out analysis of scientific approaches to the interpretation of the concept and meaning of the institution of procedural guidance of pre-trial investigation in general, as well as taking into account the specifics of criminal offenses committed by a group of persons. It has been argued that the procedural guidance of pre-trial investigation is one of the functions of the prosecutor aimed at ensuring the effectiveness of criminal proceedings, which is undoubtedly implemented as a procedural form of interaction with the relevant pre-trial investigation agencies. It has been emphasized that the procedural guidance of pre-trial investigation of criminal offenses in general and those committed by a group of persons plays an important role in ensuring the effective implementation of the tasks of criminal proceedings. Procedural guidance of pre-trial investigation of criminal offenses committed by a group of persons has been defined as one of the functions of a prosecutor aimed at timely detection of criminal offenses committed by a group of persons, their effective pre-trial investigation, protection of rights and freedoms of lawful participants in criminal proceedings, on overcoming the opposition to pre-trial investigation of such offenses, which is implemented as a procedural form of interaction with the relevant pre-trial investigation agencies. The content of the procedural guidance of pre-trial investigation of criminal offenses committed by a group of persons has been revealed. It has been offered to present the content of the specified procedural guidance to the following groups of powers of the prosecutor: powers aimed at timely detection of criminal offenses committed by a group of persons, their effective pre-trial investigation; powers aimed at protecting the rights and freedoms of lawful participants in criminal proceedings; powers aimed at overcoming the opposition to pre-trial investigation of criminal offenses committed by a group of persons.
Downloads
References
Mirkovets D.M., 2011. Institute for pre-trial investigation management under the draft CPC of Ukraine [Instytut kerivnytstva dosudovym slidstvom za proektom KPK Ukrainy]. In: Kharkiv National University of Internal Affairs et al., Problems of reforming the criminal procedure and criminal legislation of Ukraine [Problemy reformuvannia kryminalno-protsesualnoho ta kryminalnoho zakonodavstva Ukrainy]. Kharkiv, 14 October. Kharkiv: Kharkivskyi natsionalnyi universytet vnutrishnikh sprav. Pp. 152-156.
Tyshchenko S., 2013. Subjects of interaction of the prosecution during the pre-trial investigation [Subiekty vzaiemodii storony obvynuvachennia pid chas dosudovoho rozsliduvannia]. Visnyk prokuratury, No. 1, pp. 49-54.
Babkova V., 2012. Problems of the prosecutor’s exercise of supervisory powers in the form of procedural guidance during the pre-trial investigation [Problemy zdiisnennia prokurorom nahliadovykh povnovazhen u formi protsesualnoho kerivnytstva pid chas provedennia dosudovoho rozsliduvannia]. Vìsnik Nacìonalʹnoï akademìï prokuraturi Ukraïni – Journal of the National Prosecution Academy of Ukraine, No. 3, pp. 71-73.
Yurchyshyn V.M., 2012. The place and role of the prosecutor in the pre-trial investigation and their reflection in theory, law and practice [Mistse i rol prokurora u dosudovomu rozsliduvanni ta yikh vidobrazhennia v teorii, zakonodavstvi i praktytsi]. Chernivtsi: Rodovid.
Holosov S.S., 2015. Procedural guidance of the prosecutor at the stage of pre-trial investigation [Protsesualne kerivnytstvo prokurorom na stadii dosudovoho rozsliduvannia]. Aktualʹnì problemi polìtiki – Actual Problems of Politics, Iss. 55, pp. 300-307.
Copyright (c) 2021 O. V. Pchelina
This work is licensed under a Creative Commons Attribution 4.0 International License.
