CHARACTERISTICS OF THE PROSECUTOR'S AUTHORITIES DURING THE SUSPENSION OF THE INVESTIGATION

Abstract

The nature of the powers of the prosecutor during the suspension of the
investigation due to his functional purpose in criminal proceedings was
investigated, and his list was provided. On the basis of their analysis, it was
established that they mostly relate to the implementation of the function of
procedural management, which consists in the supervision of compliance with the
law by the inquirer when deciding the question of stopping and resuming the
inquiry, observing the rights and interests of the suspect, the victim and other
participants in the criminal proceedings whose rights and interests are affected
by the adoption such procedural decisions.
The author came to the conclusion that when exercising the authority to
approve the decision of the investigator to stop the investigation (Part 4 of Article
280 of the Criminal Code of Ukraine), the prosecutor must: 1) establish the fact of
notification of the previously notified suspicion to a person in this criminal
proceeding; 2) to establish the presence of one of the facts - grounds for stopping
the investigation, defined in Part 1 of Article 280 of the Criminal Procedure Code
of Ukraine and 3) check whether all unnecessary and possible procedural actions
were carried out by the inquirer in this criminal proceeding before the decision to
stop it was made.
It was determined that the legal consequences of the prosecutor's
cancellation of the decision of the investigator to stop the investigation are similar to the situations when such decisions are canceled by the investigating judge on
the complaint of the defense party, the victim or the representative of a legal
entity: the period of investigation from the day of the decision to stop the
investigation to the day of its cancellation by the prosecutor is included in terms
of pre-trial investigation.