Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Humin67 Завантажень: 17, розмiр: 277.3 KB

DOI: https://doi.org/10.33994/kndise.2022.67.16

O. Humin, A. Sobchuk

The article analyzes the provisions of the criminal procedural legislation regarding the institute of criminal offenses introduced in Ukraine, as well as the practice of their application. With the use of general scientific and special methods of scientific knowledge, proposals are formulated for: supplementing the Criminal Procedure Code of Ukraine with provisions for the adoption of an appropriate procedural decision by an interrogating officer in case of failure to establish the composition of a criminal offense; determination of the interrogating officer as the subject of the search, as well as filing a petition for the seizure of property.

The analysis of the provisions of the criminal procedural legislation regarding the institution of criminal offenses introduced in Ukraine, the practice of their application, made it possible to draw the following conclusions.

1. The domestic legislator needs to ensure the avoidance of violations of the rights and freedoms of man and citizen by law enforcement agencies, which may be caused by shortened investigation periods, duplication of certain provisions of the Code of Criminal Procedure of the Russian Federation, the absence and vagueness of instructions regulating the procedure for investigating criminal offenses. The gaps and contradictions identified by us in the criminal procedural law provide opportunities for abuse of their powers by authorized subjects, interpreting the uncertainty of the law in favor of the prosecution.

2. In order to increase the effectiveness of the investigation of criminal offenses in the form of an inquiry, it is advisable: to supplement the Code of Criminal Procedure of Ukraine with a provision on the adoption of an appropriate procedural decision by the investigator, if, based on the results of the information carried out for entering into the Unified Register of Pre-trial Investigations of the procedural actions, it does not establish the composition of the criminal offense; the definition in the Code of Criminal Procedure of Ukraine of an interrogating officer, along with an investigator and a prosecutor, the subject of a search, as well as filing a petition for the seizure of property, primarily to seize temporarily seized property during the arrest of a person.

Key words: criminal offense, criminal crime, pre-trial investigation, inquiry.