In article under the conducted research upon provisions of current statutes of Ukraine, materials of law enforcement, scientific sources the problematic questions of the notice of suspicion to the judge during the criminal proceedings is analyzed. It is stated that only the General prosecutor or his deputy is entitled to notify of suspicion the judge or other specific persons. Also, the problematic questions of notifying the judge of suspicion during his detention or just after committing a crime is analyzed. It is proved that General prosecutor or his deputy is not supposed to get the permission of the High council of justice in order to establish the preventative measure.