FEATURES OF THE PROCEDURE FOR CONDUCT OF CRIMINAL PROCEEDINGS REGARDING A JUDGE

Abstract

The article conducts a legislative study of the organizational and legal foundations of the implementation of a special procedure for criminal proceedings in court in accordance with the Criminal Procedure Code of Ukraine. Similarly, the norms of special legislation (Laws of Ukraine "On the Judiciary and the Status of Judges", "On the High Council of Justice") were studied within the framework of the implementation of pre-trial investigation bodies’ powers. The research was conducted using both general scientific theoretical methods of analysis, deduction and systematization, as well as special methods: structural-functional, formal-legal and logical-legal. The issue of judicial immunity guaranteed by the state during criminal proceedings in the conditions of the legal regime of martial law was considered. The constitutional status of a judge during his administration of justice, as a separate subject of the judicial branch of government, is separately explained. The issue of the possibility of judges preventing law enforcement agencies during the pre-trial investigation due to abuse of official influence is emphasized. A comprehensive analysis of the procedural stages of the pre-trial investigation was conducted. The peculiarities of the notification of suspicion, the circle of subjects who can prepare, sign the procedural document and hand it over to the person at the final stage of criminal proceedings are highlighted. The procedure for choosing preventive measures in the form of detention or arrest has been studied. The system of granting such consent, the adoption of the relevant decision and the procedure for appealing it are analyzed. The author emphasized the expediency of the High Council of Justice in the aspect of appealing its decision on granting permission for detention or the application of preventive measures. Within the framework of the study, the opinions of scientists were involved in raising conflicting issues of compliance with the norms of the criminal procedural law in relation to constitutional guarantees. The author focused attention on the problem of violation of the constitutional and criminal procedural principle of equality of all before the law and the court during the pre-trial investigation. As a result of the research, it is proposed to introduce changes to some legislative acts in terms of regulating the stages of criminal proceedings and determining the status of a judge.