Genesis of Scientific Opinion on the Procedural Status of the Investigating Judge in the Criminal Process Ukraine

Abstract

Research of scientific development institute investigating judge in the criminal process Ukraine, aims to provide an overview of the actual status of existing research the matter, find out the genesis of theoretical approaches scientists, as well as all national historiography in this area. Compliance with this algorithm (retrospective analysis) allowed not only to establish and analyze the available literature, but also to find out the degree of scientific development institute investigating judge in criminal proceedings in a particular historical period’s state. We found that the domestic doctrine very little acquainted with the activities of the investigating judge, as evidenced by the small number of scientific works on a given subject. It caused primarily by relative «youth» of the studied subject. Research conducted by scientists of many by Russian law and is not directly concerned analogous provisions of Criminal Procedure Code of Ukraine in 2012. Regarding the revision of domestic scientists on the study procedural status of the investigating judge in the criminal process Ukraine, it is very significant. The question of implementation and operation of these institutions in the criminal process not only has not lost its relevance. However, has become increasingly important in the context stay the criminal justice system at the stage of reforms that accompanied the transformation of views on the role of the investigating judge, the content and the limits of its supervisory functions in criminal proceedings. Such an investigator judge became a serious novel procedural criminal law, which got its legislative confirmation of the entry into force of the Criminal Procedure Code of Ukraine in 2012. At this point, it should be note a small number of completed domestic research directly related to the activities of the investigating judge as procedural subject, whose work is distribute under preliminary investigation. It should also be note that the criminal procedural legislation until 2012 did not consider the exercise judicial review on this scale during the preliminary investigation, and therefore not discussed the introduction of a special subject of these powers. Therefore, we can state the relevance of our research subject’s chosen and sufficiently wide field for reflection in this area. Study of monographs and dissertations recent years indicates a lack elaborated on the problems of determining the procedural status of the investigating judge in the criminal process Ukraine, clarifying its place and role, functions as a carrier judicial review under preliminary investigation. This point to the need to address the scientific challenges is to amend the current legislation to resolve certain legal issues of the investigating judge in criminal proceedings.