RESPECTING THE RIGHTS, FREEDOMS AND INTERESTS OF PERSONS DURING THE INVESTIGATIVE (SEARCH) ACTION

Abstract

The article deals with separate issues of judicial control over the observance of rights, freedoms and interests during investigation (search) actions under the new procedural law. The ways of resolving questions of investigations judges and courts that are not regulated by the Criminal Procedure Code of Ukraine during the course of their professional activities are proposed and should become the basis for further scientific developments and to find their reflection in the corresponding resolution of the Plenum of the High Specialized Court of Ukraine for the considera- tion of civil and criminal cases.

It was clarified that according to the results of consideration of the petition, the investigator judge makes a ruling, while in case of satisfaction of the petition to the decision, questions are included to the expert, as well as the investigator judge is not empowered to formulate the relevant questions to the expert, the question is provided by the party of protection. It is proved that in the case of detecting an ex- pert's questions by the investigating judge whose answers are not related to crimi- nal proceedings or are not relevant to the trial, he does not include them in the de- cision.

It has been determined that the investigating judge in the pre-trial investiga- tion has the right to conduct a questioning of a witness victim in a court session in exceptional cases, such as: 1) the exclusivity of a case involving the need to obtain testimony from a witness or victim during a pre-trial investigation; 2) the actual circumstances of the criminal proceedings may make it impossible to examine a witness who has suffered a trial or affect the completeness or reliability of their testimony; 3) there is a danger to the life and health of a witness or a victim, or pre- trial investigation materials contain evidence of a serious illness of a witness.