Oheruk I. Pecularities of making the notification of suspicion in a criminal proceeding

DOI: 10.33098/2078-6670.2022.14.26.178-185

Purpose. The purpose of the work is to analyze the procedure of notification of suspicion in a criminal proceeding as a separate procedural action and to find out its peculiarities, which relate to both the stage of preparing a written notification of suspicion by an authorized person and the stage of serving of such notification. Methodology. The methodology includes a comprehensive analysis and generalization of the existing scientific theoretical material and the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results. In the process of research, it was admitted that the notification of suspicion is an important milestone in a criminal proceeding since such a procedural action results in several important changes in criminal procedural activity. Making the notification of suspicion includes two interrelated and mutually consistent actions, which are regulated by criminal procedural legislation: preparing of written notification of suspicion and handing over the prepared suspicion. However, certain provisions of the Criminal Procedure Code of Ukraine, which relate specifically to the notification of suspicion in a criminal proceeding, require coordination and improvement. Originality. In the process of research, it was established that Part 1 of Art. 277 of the Criminal Procedure Code of Ukraine among individuals, that are authorized to make the notification of suspicion, does not single out an inquirer, who is empowered with such a right following Clause 5 Part 2 of Art. 401 of the Criminal Code of Ukraine, which is a certain inconsistency of the specified articles of the Criminal Code of Ukraine. In addition, not all methods provided by the Criminal Procedure Code of Ukraine for the service of notices can fully meet the requirements for the procedure for the delivery of written notification of suspicion in a criminal proceeding. Practical significance. The results of the research can be used in law-making and law-enforcement activities during the pre-trial investigation of criminal offenses during the notification of suspicion in a criminal proceeding.

Key words: a criminal proceeding, written notice of suspicion, prosecutor, investigator, inquirer.

References

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