INVOLVEMENT OF A SPECIALIST BY A LAWYER DURING THE INVESTIGATION OF ILLEGAL MANUFACTURING, STORAGE, SALE OF FUEL OR ITS TRANSPORTATION FOR THE PURPOSE OF SALE

Abstract

Abstract. The article examines the procedural mechanism of involving a specialist by a lawyer during the investigation of the illegal production, storage, sale of fuel or its transportation for the purpose of sale. The provisions of the criminal procedural legislation of Ukraine on the participation of a specialist in the proceedings are analyzed. The normative consolidation of equal rights of the prosecution and the defense parties regarding the involvement of a specialist in criminal proceedings is established. The gaps in the legislation on the procedural mechanism of involving a specialist by a lawyer during the investigation of criminal offenses, in particular, illegal production, storage, sale of fuel or its transportation for the purpose of sale are highlighted. Separate recommendations are proposed for improving the provisions of the Criminal Procedure Code of Ukraine in terms of involving a specialist by the defense party and his obligation to arrive at the appropriate summons of the lawyer. It is substantiated that in criminal proceedings at the stage of pre-trial investigation, a lawyer has the authority to involve a specialist when submitting a motion to the prosecution or independently inviting a specialist, by signing a contract with him and prior approval with the investigator or prosecutor. The procedural aspects of involving a specialist by a lawyer in conducting a search, inspection, and obtaining samples for examination are illustrated by specific examples from the practice of investigating the illegal production, storage, and sale of fuel or its transportation for the purpose of sale. Attention is drawn to the errors of the subject of the investigative action in selecting comparative samples of fuel, which subsequently led to the recognition of the relevant evidence as inadmissible. It is concluded that the satisfaction of the lawyer's request to involve a specialist in the investigative (search) action during the investigation of the illegal production, storage, sale, or transportation of fuel for the purpose of sale depends on the validity of the question of the need for the defense to use the special knowledge and skills of the relevant specialist. It is argued that the procedural mechanism for involving a specialist by a lawyer during investigative (search) actions at the stage of pre-trial investigation is not clearly regulated in criminal procedural legislation, and the actual admission of a defense specialist to participate in procedural actions depends solely on the discretion of the investigator, prosecutor, or the decision of the investigating judge upon the relevant request of the defense.

Keywords: specialist; special knowledge; criminal proceedings; investigation of illegal production, storage, sale of fuel or its transportation for the purpose of sale; defense; lawyer; obtaining samples for examination.