Problems of judicial control and prosecutor's supervision over the activities of bodies authorized to investigate economic criminal offenses under martial law

Issue: № 12, 2022

Doi: https://doi.org/10.37634/efp.2022.12.3

Introduction. In 2022, the Ukrainian legislator transformed the national model of judicial control and prosecutor's supervision over compliance laws in criminal proceedings and repeatedly made changes to its procedural mechanism. During the period of martial law, new problems of an organizational and procedural nature arose, in particular, in the field of ensuring compliance legality of the investigation of criminal offenses in the economic sphere. The foregoing predetermines the actuality of the study of these issues in the framework of this paper. The purpose of the paper is a scientific analysis of the problematic issues of judicial control and prosecutor's supervision over the activities of bodies authorized to investigate economic criminal offenses under martial law. Results. The paper drew attention to the fact that in the regions of Ukraine, where a special regime of pre-trial investigation is applied, control powers were significantly redistributed from the investigating judge to the head of the prosecutor's office. Prosecutorial supervision has become the main, dominant mechanism for ensuring compliance with the rule of law, which imposes increased responsibility on the subjects of its realization. In the work, special attention was paid to the study of controversial issues of ensuring compliance legality of temporary access to things and documents and arrest of property, which is due to the mechanism for committing and exposing economic criminal offenses. The latest prosecutorial and judicial practice, doctrinal works of scientists were studied, recommendations were formulated for optimizing control and supervisory activities in this area. Conclusion. In order to improve the mechanism of judicial control and prosecutorial supervision, the necessity of supplementing paragraph 20-7 of Section XI of the Transitional Provisions of the Code of Criminal Procedure of Ukraine after the word "head" with the word "body", as well as supplementing part three of Article 174 of the Code of Criminal Procedure of Ukraine with the second paragraph of the following content, was argued: “After issuance of an investigator's decision to terminate criminal proceedings, the arrest of property imposed in accordance with the requirements of this Code is canceled in the manner prescribed by part two of this article”.

Keywords : judicial control, prosecutor's supervision, martial law, criminal offense

References:

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