Keywords
special subjects and features of the notification of suspicion of a certain category of persons
justification and criteria for legitimizing the procedure of notification of suspicion
How to Cite
Abstract
The research conducted in the article is due to a number of problems and gaps identified by judicial and law enforcement practice related to the interpretation and application of the relevant provisions of the law on subjects and the procedure for reporting the suspicion of a separate category of persons. The legal institute notification of suspicion is one of the defining procedural institutes in the modern criminal process of Ukraine. The problem of reporting suspicions of committing criminal offences to people’s deputies of Ukraine and other persons who are referred to as the «separate category of persons» by the criminal procedure law has become especially relevant. The article examines legal justification or legitimation of the grounds and procedure for applying the procedure for notification of suspicion of committing a criminal offence to the above-mentioned persons. For this purpose, the notice of suspicion is, first of all, considered as a complex procedural measure provided by the Criminal Procedure Code of Ukraine, which consists of successive, interconnected and interdependent stages: establishing legal grounds for notification of suspicion; adoption of the relevant procedural decision and its execution in the form of a written document indicating all the circumstances and qualifications of the criminal offence; conducting a procedural action, the content of which is reduced to the direct delivery of such a document (notice) to a certain person with an explanation of the content of the suspicion and his procedural rights. It is concluded that compliance with the above-mentioned legal procedure for notification of suspicion, in particular, personal, direct delivery of such notification to representatives of certain categories of persons by law special entities, is the basis for the legal legitimization of this procedural institution, ensuring the special legal status of these persons, as well as guaranteeing the rule of law, respect for constitutional rights and achieving legal objectives of criminal proceedings.
д одного етапів.
References
Criminal Procedure Code of Ukraine dated April 13, 2012 No. 4651-VI. Official web portal of the Verkhovna Rada of Ukraine. Retrieved from: http://zakon2.rada.gov.ua/laws/show/4651-17 (access date 28.04.2023) (in Ukrainian).
Academic explanatory dictionary of the Ukrainian language. Retrieved from: http://sum.in.ua/s/vruchaty (access date 28.04.2023) (in Ukrainian).
On the Prosecutor’s Office: Law of Ukraine ated October 14, 2014 No. 1697VII. Official web portal of the Verkhovna Rada of Ukraine. Retrieved from: http://zakon4.rada.gov.ua/laws/show/169718 (access date 28.04.2023) (in Ukrainian).
Academic explanatory dictionary of the Ukrainian language. Retrieved from: http://sum.in.ua/s/vruchaty (access date 28.04.2023) (in Ukrainian).
Decision of the European Court of Human Rights in the case «Nechyporuk and Yonkalo v. Ukraine» No. 42310/04 dated April 21, 2011. Retrieved from: http://zakon2.rada.gov.ua/laws/show/974_683/print1443084803265247 (access date 28.04.2023) (in Ukrainian).
European Court of Human Rights. Case of Fox, Campbell and Hartley v UnitedKingdom, no. 12244/86; 12245/86; 123 83/86, 30 August 1990. Retrieved from: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-57721%22]} (access date 28.04.2023) (in Ukrainian).
European Court of Human Rights. Case of Murray v United Kingdom, no. 14310/88, 28 October 1994. Retrieved from: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-57895%22]} (access date 28.04.2023) (in Ukrainian).
Hlynska, N. V., Klepka, D. A. (2019). Appealing the notification of suspicion during the pre-trial investigation. Herald of criminal justice. No. 4. P. 17-32. Retrieved from: https://doi.org/10.17721/2413-5372.2019.4/17-32 (access date 28.04.2023) (in Ukrainian).