Protection of Human Rights in Conducting Certain Proceedings

Abstract

Article provides analysis of citizens’ rights protection aspects in the course of proceedings including the notification of suspicion. One of these aspects is defined as failure of the defence to appeal against specific decisions made by the prosecution. Article 303 of the Criminal Procedure Code of Ukraine (CPC) does not stipulate the possibility to appeal against the written notification of the suspicion which is undoubtedly the decision made exclusively by the authorized person. This decision according to the Article 110 of the CPC must be presented as a resolution without any contradictions to Articles 8 and 55 of the Constitution of Ukraine defining its norms as the ones of direct action and guarantee of right to appeal against the decisions, actions or inaction of the state bodies, local authorities and officials. Also this article examines impossibility of defence to exercise its rights in full extent during within the framework of criminal proceeding caused mainly by the common procedure of pre-trial investigation completion by the prosecution after notifying of the suspicion and immediate interrogation. In this case defence has no chance to present a request for innocence or mitigation proof collection. It is recommended to amend the CPC in terms of changing the for mat of suspicion not ification in to are solution subject to appeal and the suspicion act to be passed to defence in 10 service days after notifying the person of suspicion if this person provides no grounds to complete this procedure here to fore.