APPLICATION OF PREVENTIVE MEASURES IN A SIMPLIFIED PROCEDURE

Abstract

According to the provisions of Art. 28 of the Criminal Procedure Code of Ukraine, during criminal proceedings, each procedural action or procedural decision must be performed or adopted within a reasonable time. However, the implementation of this requirement depends, in particular, on the availability of sufficient procedural time for judges, prosecutors, and defense lawyers. At the same time, the imperfection of procedural norms leads to the waste of procedural time on actions that, in our opinion, do not require it. Thus, according to the current criminal procedure law of Ukraine, consideration of a motion for the application of a measure of restraint is carried out in a court hearing with the participation of the prosecutor, the suspect, the accused, and the defender. And this procedure requires some procedural time. At the same time, in many cases, the suspect or the accused agrees with the measure of restraint proposed by the prosecutor. However, participants in criminal proceedings are forced to spend their procedural time to comply with the formal procedure. The purpose of the article is to propose amendments to the criminal procedure law of Ukraine, which will introduce a simplified procedure for considering a petition for the application of a measure of restraint, i.e. without the participation of the parties to the criminal proceedings, if the suspect or accused agreed with such a procedure in the presence of his lawyer, by analogy with simplified proceedings for criminal offenses, as a result of which the workload on judges, prosecutors and defense lawyers will be reduced, and the time freed up will be directed to procedural actions that really require it. This article examines the norms of the criminal procedure law of Ukraine, which regulate the application of preventive measures, and the relevant judicial practice, reveals the imperfection of these norms and proposes amendments to them.