THE INDICTMENT AS A REASON FOR PREPARATORY PRODUCTION OF THE COURT OF FIRST INSTANCE

Abstract

The article deals with the problematic issues related with drawing up of indictment. The Criminal Procedural Code of Ukraine determined the new powers and the court decision on the beginning of the judicial activity based on materials of pre-trial investigation. Getting of indictment by the First Instance Court is the basis of beginning of preparatory production. Prior to the beginning trial, the court is not able to get acquainted with the evidence gathered by investigators during the pre-trial investigation. Art. 291 Code of Criminal Procedure requires investigators to provide analysis of evidence, which have been gathered during the pre-trial evidence, and justify its decision to the direction of criminal proceedings for trial Instead, the theory and practice of criminal proceedings proved that any procedural decision must be lawful, justified and motivated. There is a situation in which basically document the preliminary investigation the investigator, the prosecutor in charge formulates its discretion, without providing analysis of collected evidence. Study of indictments which are coming to the court, indicating that their content in many cases it is not clear, position of the public prosecutor is not justified the materials. To avoid this situation possible due to the consolidation in CPC of Ukraine requirements of reasonableness and motivate of guilty act. These requirements are consistent with the principle of proof of guilt and ensure the right to protection. It should also make available to the defense to give to the court a protective opinion after receiving the indictment act, which will be considered by the court at the preliminary court session with the indictment involving the parties. These additions to the CPC of Ukraine increase responsible of investigator and prosecutor for results of its activities and will be a substantial barrier to unjustified accusations.