| Article | Procedural Powers of Public Prosecutor in Proving at the Stage of Prerial Investigation |
|---|---|
| Authors | Yurchyshyn V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 5 / 2015 |
| Pages | 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. |
| References | |
| Electronic version | Download |