Legal positions of the Supreme Court regarding the appeal of the decisions of the investigating judge during the pre-trial investigation

Abstract

The article examines the legal positions of the Supreme Court regarding the appeal of decisions made by the investigating judge during the pre-trial investigation.

Separate legal positions formulated by the Supreme Court are disclosed, such as: appeal in the appeal procedure of decisions of the investigating judge, not provided for by the Criminal Procedure Code of Ukraine; appeal in the appeal procedure of decisions of the investigating judge, in which the judge goes beyond the powers of the investigating judge and intervenes in the sphere of exclusive competence of the investigator or prosecutor; calculation of the deadline for submitting an appeal for the announcement of the operative part in the event of a decision and announcement of only its operative part; on the impossibility of deciding to leave an appeal without movement or to return it, if the person has not eliminated the shortcomings; review of the decision of the investigating judge during the pre-trial investigation under newly discovered circumstances, when he unjustifiably limits constitutional rights and human freedoms.

It is concluded that the analysis of the Supreme Court's legal positions regarding the appeal of investigative judges' decisions during the pre-trial investigation provides grounds to claim that the Supreme Court consistently forms a practice aimed at ensuring the real protection of human rights and freedoms in the criminal process. The positions expressed demonstrate the Supreme Court's desire to ensure a balance between the powers of the investigating judge, the parties to criminal proceedings, and the requirements of a fair trial. The content of the analyzed legal positions indicates the orientation of the Supreme Court to overcome the formal interpretation of the norms of the Criminal Procedure Code of Ukraine, to expand the possibilities of judicial control over the actions and decisions of pre-trial investigation bodies, as well as to eliminate cases of unjustified restriction of the constitutional rights of participants in criminal proceedings.