The prosecutor's participation in the assignment of court examination during the precase investigation

Abstract

The article explores the involvement of the prosecutor as a procedural leader during the pre-trial investigation in the appointment of judicial expertise. The national legislation of Ukraine on the procedure for the appointment of forensic examinations, the selection of an expert, an expert organization or a group of experts to carry out expert research during the pre-trial investigation are analyzed. And also requirements for registration of procedural documents for the purpose of examination. Considerable attention was paid to the procedure for assigning expertise to an investigating judge during a pre-trial investigation at the request of a party, if the investigator, the prosecutor denied the defense party the appointment of a forensic examination. It is emphasized that the CPC of Ukraine provides for grounds for refusing an investigative judge to grant a request, but this is not enough and therefore its options for refusing to grant a request are offered. The national legislation provides that forensic, forensic and forensic psychiatric examinations are carried out exclusively by public institutions. It is concluded that there can be no alternative to forensic and forensic psychiatric examinations, and this prohibition is not justified for certain types of forensic examinations. Allowing certain types of forensic expertise by non-governmental organizations or experts would unload state and create healthy competition. It is concluded that the participation of the prosecutor in the decision-making on the appointment of judicial expertise and the oversight of the lawfulness of the use of expert examination materials at the pre-trial stages of criminal proceedings is one of the most effective means of improving the effectiveness of criminal justice.