ПРОЦЕСУАЛЬНИЙ СТАТУС СЛУЖБОВИХ ОСІБ, УПОВНОВАЖЕНИХ НА ВЧИНЕННЯ ПРОЦЕСУАЛЬНИХ ДІЙ В ЕКСТЕРИТОРІАЛЬНОМУ ПРОСТОРІ УКРАЇНИ

Abstract

Rybytska O. Procedural status of officials authorized to perform procedural actions in the exterritorial space of Ukraine In the article the author points out the conflict of norms of the Criminal Procedure Code of Ukraine regarding the exhaustiveness of the list of officials authorized to perform procedural actions during criminal proceedings on the territory of a diplomatic mission or consular post of Ukraine abroad, on an aircraft, sea or river vessel outside Ukraine. flag or with the identification mark of Ukraine, if this vessel is assigned to a port located in Ukraine. Analyzing the national criminal procedural legislation and international treaties ratified by the Verkhovna Rada of Ukraine, it indicates the gaps in the criminal procedural legislation on the definition of officials in other elements of the extraterritorial space, in addition to the above. The author also examines the range of procedural powers vested in accordance with the CPC of Ukraine by officials authorized to commit them during criminal proceedings in the extraterritorial space of Ukraine in order to determine their procedural status. The expediency of conferring criminal procedural powers on the heads of diplomatic missions and consular posts of Ukraine abroad, the captain of an aircraft, sea or river vessel due to their knowledge and practical skills is also considered. The moment and legislative issues of initiating criminal proceedings on the territory of a diplomatic mission or consular post of Ukraine abroad, on an aircraft, sea or river vessel outside Ukraine under the flag or with the identification mark of Ukraine, if this vessel is assigned to a port located in Ukraine. In the conclusions, the author gives his own views on the need to amend the CPC of Ukraine on the procedural status of officials, in order to resolve conflicts and gaps in the criminal procedure law and points to the prospects for further research.