Special Pre-Trial Investigation (in absentia): Theoretical and Practical Issues of Legislation
Abstract
The purpose of the article is analyze criminal procedure legislation with regard to carrying out a special pre-trial investigation in a criminal proceeding without participation of a suspect (in absentia) in order to determine the topical theoretical and practical issues of the legislation and provide propositions for their settlement. Methodology. The methodological instruments have been chosen taking into account the objective set, the specific features of the object and subject of the research. The determinant methods are scientific methods of system analysis and generalisation. The scientific novelty consists in the system analysis of criminal procedure legislation and case law, taking into account the requirements of international treaties, a consent to binding force of which has been granted by the Verkhovna Rada of Ukraine, other documents and case law of the European Court for Human Rights, as well as in determination of theoretical and practical issues without overcoming of which the institute of a special pre-trial investigation (in absentia) will not meet the tasks of the criminal proceeding and guarantees envisaged by the international treaties. According to the results of the study, the following conclusions are drawn: 1) implementation of the institute of a criminal proceeding without participation of a suspect or an accused (in absentia) is a positive and necessary step towards reforming the legislation of Ukraine and its adaptation to high standards of the European countries; 2) the criminal procedure legislation of Ukraine with regard to a special pre-trail investigation (in absentia) contains substantial deficiencies that obstruct its enforcement and lead to absence of continuity and unity of case law; 3) it is necessary to investigate experience of the Europeans countries which legislation envisages the procedure (in absentia) for further introduction of changes into the criminal procedure legislation of Ukraine with regard to the institute of a criminal proceeding without participation of a suspect or an accused (in absentia).
Keywords: special pre-trial investigation; in absentia; suspect; notice of suspicion; international search; investigating judge; European Court for Human Rights.
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