Article title Procedural Powers of Public Prosecutor in Proving at the Stage of Prerial Investigation
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 5/2015
Сторінки [171-178]
Annotation The powers of a prosecutor at the stage of pre-trial investigation are studied in the article. Article 121 of the Fundamental law deprives the prosecutor of power to conduct personally pre-trial investigation under obligations undertaken by the Government of Ukraine to membership in the Council of Europe in 1995, although in a number of the EU countries (Italy, Germany, Hungary, Romania, Poland, Sweden, etc.) prosecutors have this right. Ukrainian law-makers arbitrarily deprived the overseeing prosecutor of the right to investigate certain offenses personally. Lacking practical skills in collecting, consolidating and reviewing evidence, the prosecutor loses his professional skills as a procedural governing body, overseer of the observance of laws in the investigation of criminal offenses and a prosecutor in trial. The legislator granted the prosecutor the right to carry out only some investigation (search) and procedural activities in criminal proceedings. Pre-trial investigation of criminal offenses is a complex process and limitations of direct participation of the prosecutor in criminal offenses investigation that is in evidence collection may not take place in any case.
Keywords powers of prosecutor, pre-trial investigation, direct participation in particular (search) and procedural activities, pre-trial investigation.
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