By analyzing strategic documents that outline the directions for reforming the law enforcement system as part of the security and defense sector of Ukraine for 2023–2027 (Presidential Decree of Ukraine № 273/2023 of 11 May 2023 and Resolution of the Cabinet of Ministers of Ukraine № 792-r of 23 August 2024), as well as by examining certain materials from investigative and judicial practice in the field of criminal justice, the author concludes that it is relevant to study the institution of access to pre-trial investigation materials prior to its completion, particularly in the context of its application as a means of criminal procedural evidence.

The aim of this article is to identify the problematic issues related to access to pre-trial investigation materials before its completion as a means of criminal procedural evidence and to provide scientifically grounded proposals for addressing them.

Based on the provisions of the comprehensive concept of criminal procedural evidence, the author argues that access to pre-trial investigation materials prior to its completion constitutes one of the means of criminal procedural evidence for the defence, the victim, and the representative of a legal entity against which proceedings are being conducted. It is emphasized that this means of criminal procedural evidence has an indirect form of expression and a cognitive-practical nature, which consists in the identification and recording of factual data and sources of evidence that may be used to establish or refute circumstances relevant to criminal proceedings at the stage of pre-trial investigation.

The author identifies the following problematic issues regarding access to pre-trial investigation materials prior to its completion as a means of criminal procedural evidence: imperfections of its procedural form; inaction and abuses by the prosecution authorities during the consideration of motions for access to pre-trial investigation materials before its completion; the lack of authority of the defence, the victim, or the representative of a legal entity concerned by the proceedings to challenge the inaction of investigators, inquiry officers, and prosecutors when considering such motions; the impossibility of appealing the decisions of the investigator, inquiry officer, or prosecutor that unjustifiably refuse to satisfy the submitted motion; the absence of a clearly defined time limit within which the investigator, inquiry officer, or prosecutor is obliged to provide the defence, the victim, or the representative of a legal entity concerned by the proceedings with access to pre-trial investigation materials before its completion; the absence of a statutory possibility for the defence, the victim, or the representative of a legal entity concerned by the proceedings to make necessary notes and copies during the familiarization with pre-trial investigation materials before its completion.

A set of proposals is formulated to address these problematic issues related to access to pre-trial investigation materials prior to its completion as a means of criminal procedural evidence.

Bibliography

Authored books

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2. Vapniarchuk V, Teoriia i praktyka kryminalnoho protsesualnoho dokazuvannia (Yurait 2017) (in Ukrainian).Journal articles

3. Hloviuk I, Andrusenko S, ‘Oznaiomlennia z materialamy dosudovoho rozsliduvannia do yoho zavershennia ta nedopustymist rozgholoshennia vidomostei dosudovoho rozsliduvannia’ [2014] 4 Pivdennoukrainskyi Pravnychyi Chasopys 239–243 (in Ukrainian).

4. Pohoretskyi M, ‘Nova kontseptsiia kryminalnoho protsesualnoho dokazuvannia’ [2015] 3 Visnyk kryminalnoho sudochynstva Ukrainy 63–79 (in Ukrainian).

5. Pohoretskyi M, ‘Teoriia kryminalnoho protsesualnoho dokazuvannia: problemni pytannia’ [2014] 10 Pravo Ukrainy 12–25 (in Ukrainian). Conference papers

6. Hloviuk I, ‘Aktualni problemy vdoskonalennia normatyvnoi rehlementatsii oznaiomlennia z materialamy dosudovoho rozsliduvannia do yoho zavershennia’, Yu Nazar (ed), Teoriia ta praktyka pravookhoronnoi diialnosti: Mizhnarodna naukovo-praktychna konferentsiia (11 lystopada 2016 roku) (Lviv State University of Internal Affairs 2016) 73–77 (in Ukrainian).

7. Pohoretskyi M, ‘Suchasni kontseptsii kryminalnoho protsesualnoho dokazuvannia’, Suchasni tendentsii rozvytku kryminalistyky ta kryminalnoho protsesu: tezy dopovidei Mizhnarodnoi naukovo-praktychnoi konferentsii do 100-richchia vid dnia narodzhennia prof. M. V. Saltevskogo (Kharkiv, 8 November 2017) (Kharkivskyi natsionalnyi universytet vnutrishnikh sprav 2017) 309–312 (in Ukrainian). Theses

8. Malakhova O, Realizatsiia instytutu spryiannia zakhystu u kryminalno-protsesualnomu dokazuvanni (PhD diss, 2016) (in Ukrainian).