Notification of suspicion on the web page of the General Prosecutor’s Office and in the newspaper “Uryadovyi Kurier”: requirements and algorithm of publication
Abstract
The study is aimed at analysing the legal acts establishing the procedure for publishing notices of suspicion on the website of the Prosecutor General’s Office and in the newspaper “Uryadovyi Kurier” and notices of suspicion already published in these sources, determining the requirements for them and developing an algorithm for publication for prosecutors and investigators. The author uses the methods of analysis and synthesis, induction and deduction, comparative legal, formal and logical, systemic and structural, graphical and other methods of scientific research.
The article establishes that the Criminal Procedure Code of Ukraine defines the obligation of an investigator or prosecutor to serve a notice of suspicion by publishing it on the website of the Office of the Prosecutor General and in the mass media of national distribution. This method of delivery is possible for both general and special pre-trial investigation regimes. It is emphasised that the notice of suspicion to be published on the website and in the mass media of the national sphere of distribution have differences in content, format, data that may be made public, and place of publication. In order to prevent possible violations, the requirements for suspicion notifications are detailed and visualised in the form of a table.
It is found that the procedure for publishing notices of suspicion for investigators and prosecutors is different. The author identifies the stages required for publishing notices of suspicion for investigators and prosecutors and develops appropriate algorithms.
The findings of the study can be used in lawmaking activities in the development and improvement of regulations on this topic, in practical activities by investigators of pre-trial investigation bodies, prosecutors when serving a person with a notice of suspicion, in scientific activities to continue research in this area, in educational activities to prepare materials for teaching students, cadets, trainees in legal specialties and for advanced training of investigators and prosecutors.
Downloads
References
Zhydkov, V. L., & Zhyla, O. B. (2023). Application of a special procedure for criminal prosecution (in absentia) for collaborative activity. Kyiv.
Hutnyk, A., & Kots, Ye. (2023). Problematic aspects of delivery of procedural documents to a person who is on the temporarily occupied territory or on the territory of the aggressor state. Scientific Bulletin of the Dnipropetrovsk State University of Internal Affairs, 2, 271–279. https://doi.org/10.31733/2078-3566-2023-2-271-279.
Hutnyk, A. V. (2024, May 2). Deadlines for publication of summonses, notices on the OGP website and in the newspaper “Government Courier” [Conference presentation abstract]. All-Ukrainian Scientific and Practical Conference “Criminal proceedings: current state and prospects of development”, Kyiv, Ukraine.
Hutnyk, A. V. (2024, May 24). Awareness of criminal proceedings of a person who does not speak the language of criminal proceedings, in cases in absentia [Round table presentation abstract]. Round table “The right to a fair trial in criminal proceedings”, Lviv, Ukraine.
Rosokhata, D. (2022, July 26). Conflict-related sexual violence: ensuring victim confidentiality in reporting suspicions. YURFEM.ua. https://jurfem.com.ua/sexualne-nasylstvo-povyazane-z-konfliktom/.
Ilchenko, I. (2024, February 22). Procedural guarantees of protection and confidentiality of victims and witnesses in cases of SNPK: international practice. JustTalk. https://justtalk.com.ua/post/protsesualni-garantii-zahistu-ta-konfidentsijnosti-poterpilih-i-svidkiv-u-spravah-pro-snpk-mizhnarodna-praktika.
Ilchenko, I. (2024, March 20). Procedural guarantees of protection and confidentiality of victims and witnesses in cases of SNPK: international practice (part 2). JustTalk. https://justtalk.com.ua/post/protsesualni-garantii-zahistu-ta-konfidentsijnosti-poterpilih-i-svidkiv-u-spravah-pro-snpk-mizhnarodna-praktika-ch-2.
Hutnyk, A. V. (2023). Notification of suspicion of committing ideological, cultural and educational collaborationism: analysis of compliance with the requirements of Art. 277 of the Criminal Procedure Code. In V. M. Stratonov (Ed.), Military offences and war crimes: background, theory and practice. Baltija Publishing. https://doi.org/10.30525/978-9934-26-302-6-11.
Hutnyk, A. V. (2023, March 1–3). Violation of the Law of Ukraine “On Protection of Personal Data” on the website of the Prosecutor General’s Office [Conference presentation abstract]. XIІI International Scientific and Technical Conference of students, postgraduates and young scientists “Scientific Spring 2023”, Dnipro, Ukraine.
Hutnyk, A. (2024). Protection of personal data of a suspect in criminal proceedings: problems and ways to solve them. In V. A. Ustymenko & A. Ye. Sanchenko (Eds.), Business and human rights in Ukraine: problems and solutions during the war and post-war recovery. VAITE.
Pashkovskyi, M. I., & Riepina, Yu. S. (2023, December 6). The effectiveness of the publication of notices and subpoenas on the website of the Office of the Prosecutor General as a guarantee in criminal proceedings in absentia [Conference presentation abstract]. Scientific Conference based on the results of the work of specialists of Аcademician Stashis Scientific Research Institute for the Study of Crime Problems National Academy of Law Sciences of Ukraine for the fundamental themes in 2022 “Scientific research in the field of combating crime”, Kharkiv, Ukraine.
Copyright (c) 2024 A. V. Hutnyk
This work is licensed under a Creative Commons Attribution 4.0 International License.
