Peculiarities of Criminal Offences’ Special Pretrial Investigation Related to Some Categories of Persons

  • I. Tsiupryk Ph.D in Law, Researcher of the National Academy of Internal Affairs;
  • D. Alieksieieva-Protsyuk Ph.D in History, Senior Research Fellow, Leading Research Fellow of the Scientific Laboratory on the Problems of Pre-trial Investigation of the National Academy of Internal Affairs
Keywords: special pre-trial investigation, court control, temporarily occupied territory, anti-terrorist operation area, investigator’s petition, defining of jurisdiction, search

Abstract

Institute of special pretrial investigation was instituted by Verkhovna Rada of Ukraine in 2014 according to the law which constituted chapter 24–1 of Criminal Procedure Code of Ukraine (hereinafter – CPC). Authors mentioned that special pretrial investigation is used in Ukraine more and more frequently. But if there was earlier possible only related to persons who are currently abroad, now investigative judges are giving permissions to conduct special pretrial investigation related to persons who are at the temporarily occupied territory or in the antiterrorist operation zone. This article is concerning on conducting of special pretrial investigation related to persons who are currently at the temporarily occupied territory or in the antiterrorist operation zone because of essential difference from general procedure. The plan of investigator (prosecutor)’s plan of actions during special pretrial investigation related to that categories of persons is described in it. Demand of interstate or international search (as an exclusive requirement to conduct special pretrial investigation) is been exempt from cases of search for persons who are currently at the temporarily occupied territory or in the antiterrorist operation zone (the demand of usual search concerning these persons is enough). There are some other differences in defining of investigative or court jurisdiction. Consequently, the peculiarities of special pretrial investigation related to these categories of persons are not mentioned in CPC because of its temporary nature. That’s why this aspect is to be clarified in special legal literature and scientific periodicals for investigators and prosecutors.

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Author Biographies

I. Tsiupryk
Ph.D in Law, Researcher of the National Academy of Internal Affairs;
D. Alieksieieva-Protsyuk
Ph.D in History, Senior Research Fellow, Leading Research Fellow of the Scientific Laboratory on the Problems of Pre-trial Investigation of the National Academy of Internal Affairs

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How to Cite
[1]
Tsiupryk, I. and Alieksieieva-Protsyuk, D. 1. Peculiarities of Criminal Offences’ Special Pretrial Investigation Related to Some Categories of Persons. Scientific Herald of the National Academy of Internal Affairs. 98, 1 (1), 157-169.
Section
Theoretical and practical aspects of legal science