СТРОКИ ОСКАРЖЕННЯ ПОВІДОМЛЕНЯ ПРО ПІДОЗРУ

ПРАКТИЧНІ І ТЕОРЕТИЧНІ АСПЕКТИ

Abstract

The article examines the conflict between the deadlines for filing a complaint against the decision, action, or inaction of the investigator, coroner or prosecutor, provided for in Part 1 of Art. 303 of the CPC, established in Part 1 of Art. 304 of the CPC, and the time limits for appealing the notice of suspicion specified in clause 10 of Part 1 of Art. 303 of the CPC.

Analyzed the norms of clause 10 part 1 of Art. 303 of the CPC and Part 1 of Art. 304 of the CPC in terms of their relationship as a general and special rule.

Based on the analysis, it is determined that a special rule is clause 10 Part 1 of Art. 303 of the CPC and the general rule is Part 1 of Art. 304 of the CPC, because: 1. the appearance of deadlines for appealing the notice of suspicion is the result of differentiation (specialization) of legal regulation, to achieve the greatest effectiveness of legal regulation, namely taking into account the peculiarities of the notice of suspicion as a legal fact. 2. according to the criterion of the volume of legal regulation of clause 10 part 1 of Art. 303 of the CPC is much narrower, as it applies only to the report of suspicion, while Part 1 of Art. 304 of the CPC applies to various decisions, actions, and omissions. 3. Clause 10 Part 1 of Article 303 of the CPC is derived from Part 1 of Article 304 of

the CPC, which is primary concerning him; 4. the relationship between Part 1 of Art. 304 and clause 1 part 1 of Art. 303 of the CPC is characterized by the ratio of the concepts “genus- species”; 5. Clause 10 part 1 of Art. 303 of the CPC was established to change the method and limits of regulation of the appeal of the notice of suspicion, namely, the initial appeal was initially introduced (there was no such right before this norm) and its features were established.

According to the results of the study, it was found that in resolving the conflict between Part 1 of Art. 304 of the CPC and Part 1 of Art. 203 of the CPC should be guided by the general principles of criminal proceedings, namely the principle of the rule of law and the principle of the rule of special rules, in the conflict rule special law abolishes the general. Therefore, clause 10 h.1 Art. 303 of the CPC has priority in applying before Part 1 of Art. 304 of the CPC.

It is proposed to set out Part 1 of Art. 304 of the CPC in the following wording: 1. Complaints against decisions, actions or omissions of an investigator, coroner or prosecutor provided for in part one of Article 303 of this Code, except for notification of the investigator, coroner, prosecutor of suspicion, may be filed by a person within ten days of the decision, action or omission. If the decision of the investigator, coroner, or prosecutor is formalized by a resolution, the term for filing a complaint begins from the date of receipt of a copy by the person.