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. |