Forms of Participation of the Investigator and Interrogator in the Process of Proving during the Application of Preventive Measures at the Stage of Pre-Trial Investigation

Abstract

The article states that a systematic interpretation of the current CPC of Ukraine allows us to conclude that the subjects authorized to initiate the application of preventive measures at the stage of pre-trial investigation in criminal proceedings are the investigator, interrogator and prosecutor. Accordingly, a proposal was made that, in order to ensure a correct understanding and interpretation of the rules of criminal procedure legislation, it is necessary to make appropriate changes in Part 4 of Art. 176 of the CPC of Ukraine, providing for the coroner as a subject authorized to submit in agreement with the prosecutor a request for the application of a precautionary measure at the stage of pre-trial investigation. The article, based on a systematic analysis of the current criminal procedure legislation of Ukraine, identifies forms of participation of the investigator and interrogator in the process of proving during the application of preventive measures at the stage of pre-trial investigation in criminal proceedings, in particular: 1) drawing up petitions for the application of preventive measures and appealing to the prosecutor for their approval; 2) an appeal against the prosecutor's refusal to approve motions for the application of preventive measures. The analysis of the relevant forms of participation of the investigator and interrogator in the process of criminal procedural proving during the application of preventive measures has been made. It is established that the forms of participation of the investigator and the interrogator in the proving during the application of preventive measures at the stage of pre-trial investigation are the same, but the scope of powers within these forms is still different, in particular, the impossibility of the interrogator to initiate the application of certain preventive measures at the pre-trial stage. It is concluded that applying to the prosecutor for approval of requests for the application of preventive measures is an integral element and logical conclusion of the investigator and interrogator of such motions and a prerequisite for launching a mechanism for the application of preventive measures in criminal proceedings, because without the prosecutor's approval no important decision the investigator and interrogator at the stage of pre-trial investigation does not acquire legal force.