|Article title||Certain Peculiarities of the Order of Establishing the Circumstances and their Verification by Evidence during Consideration of the Complaints by Investigating Judge|
|Name of magazine||Legal journal «Law of Ukraine» (Ukrainian version)|
The article deals with the legal regulation of the order of establishing the circumstances and their verification by evidence during consideration of the complaints by investigating judge. The procedure for considering the complaints by investigating judge is regulated by the rules of trial, as well as by the procedural norms regulating the judicial control over the decisions, activities or inactivity of investigator or prosecutor at pre-trial investigation. It is stressed that the structure of procedure for considering and solving the complaints by investigating judge differs from the trial, as far as it lacks the phase of the accused person’s last word. During consideration of the complaints by investigating judge the procedural actions related to the participation of the accused can’t be conducted, as far as the stage of pre-trial investigation lacks such a subject as the accused. During consideration of the complaints by investigating judge the following procedural actions can be conducted: interrogations of witness, victim, expert, examination of the exhibits, documents, audio and video recordings, as well as the specialist may be involved to provide consultations and explanations. The conclusion is drawn that legal regulation of the procedure for considering the complaints ensures the protection and restoration of its participants’rights.
|Keywords||establishing and verification of the circumstances, investigating judge, complaint, trial, judicial control, procedural action, adversariness|