Features of Removal of Procedural Immunity of a Judge after Committing a Crime
Abstract
The transformation of the Ukrainian Criminal Procedural Law entails sectoral changes in the tangible legislation on the judiciary and the status of Ukrainian judges. Confirmation of this is the amendments to the Constitution adopted in July 2016 and, accordingly, are implemented to other laws of Ukraine. The updated status of the immunity of a judge, enshrined in the Basic Law of Ukraine, creates a new basis for procedural tactics of investigation of criminal proceedings in this category of crimes. In connection with the above, it is necessary to study the new legislative regulation, empirical results and the practical component of the activities of the prosecutor and the investigator. The procedural algorithm of the actions of the prosecutor-procedural head and investigator concerning the investigation of a criminal offense by the subject of which is the judge, that is, the person with immunity, is considered. Compares the procedural status of a judge's immunity to a judicial reform and after its holding in 2016. Statistical data are analyzed. The purpose of the article is to characterize the peculiarities of the procedural status of a judge as a crime subject and the activity of the prosecutor during the investigation of a crime against a specified special subject, analysis of legislative norms and statistical indicators for the possibility of further improvement of the methodology of pre-trial investigation. Methodology. To achieve the goal, the comparative legal method, formal-logical, system-structural, and statistical methods are used.
Scientific novelty. By analyzing the latest changes in the law, procedural obstacles are identified, without which it will not be possible to further investigate the criminal proceedings. Attention is drawn to the specifics of the procedural behavior of the prosecutor and the investigator when investigating the said offenses for further notification of suspicion and referral to the court of the subject of the crime. Conclusions. The results of the analysis of the updated provisions of the Constitution of Ukraine of the CPC and other legislative acts on this issue, transformed into a recommendation on the investigation of crimes, the subject of which is a judge with current powers.
Keywords: prosecutor; procedural leader; investigator; judge; procedural immunity; petition; suspicion.
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