Features of the report of suspicion to the People's Deputies of Ukraine

Abstract

The article examines the doctrinal approaches to the content of the report of suspicion to the People's Deputy of Ukraine. It is supported by the scientific position that the procedure for notification of suspicion consists of two interrelated stages: first, it is the compilation of the text of the report, the requirements for which are defined in Art. 277 of the Criminal Procedure Code of Ukraine; secondly, it is the direct delivery of the notice and clarification on the merits, the procedure of which is provided by Art. 278 of the Criminal Procedure Code of Ukraine. It was found that the authority to notify any person of suspicion, including the People's Deputy of Ukraine, is associated with the right to procedural guidance of pre-trial investigation, which is decisive, and therefore primary, as it follows from the need to monitor compliance with the law during conducting a pre-trial investigation. The Prosecutor General (Acting Prosecutor General) or the Deputy Prosecutor General - the head of the Specialized Anti-Corruption Prosecutor's Office, who does not exercise prosecutorial supervision in a particular criminal proceeding, cannot be held procedurally responsible for the consequences of his actions. After all, such a person is not admitted to the materials of the proceedings, and therefore is not able to assess the availability of sufficient evidence and their validity for a person's suspicion of committing a criminal offense. It is emphasized that the Prosecutor General or his Deputy may not perform the functions of procedural guidance in criminal proceedings at certain stages of it in fragments, unless they are determined by the procedural supervisors from the beginning of the proceedings. The procedure for determining the procedural manager is prescribed by the CPC of Ukraine rather imperatively, clearly regulated. It is determined that the notice of suspicion must be served in person or (in case of impossibility of such service - in the manner prescribed by the CPC for service of messages) sent for service in the prescribed manner, only on the day of its preparation. It is concluded that criminal proceedings against the People's Deputy of Ukraine can be carried out only under the condition of procedural guidance of the Prosecutor General (acting Prosecutor General) or the Deputy Prosecutor General - the head of the Specialized Anti-Corruption Prosecutor's Office.