The article is devoted to the review of legislative acts of the Austrian Empire and the Austro-Hungarian Empire, which were used on Ukrainian lands in different periods of statehood. The author analyzes the most important law provisions for the modern criminal legislation of Ukraine. Legislative acts are divided into two groups in the article. The first group includes those that are basic and form the so-called «basic penal law», and the second – ?additional legislative acts included in the «additional penal law». The purpose of this article is to systematically present the legal constructions used in the legislative acts of the Austrian Empire and the Austro-Hungarian Empire as sources of criminal law. The legal constructions referred to above relate to various institutions of the criminal law of the Austrian Empire and the Austro-Hungarian Empire: a crime, an offense, a criminal responsibility, a criminal offender, complicity in a crime, etc. Substantiated that the content of these legal structures affected the structure of these laws as sources of criminal law. Taking into account such specificity, the article draws attention to the structure of the Austrian Penal Code of 1803 and the structure of this act in the wording of 1852. In particular, it is determined that Code in the edition of 1852 divided the acts into three types: grave crimes, less serious crimes and offenses. In its separate norms, less serious crimes and offenses were covered by the notion of «criminal act»

The article deals with the investigating the problems of the providing by advocate the right for defense in criminal proceedings of Ukraine nowadays according to the judgments of European Court of Human rights. In terms of criminal procedure proceedings reforms as a whole and advocacy institute in particular, it appears difficult to overstate the importance and interest to a defense as a legal institution, because its implementation enables full and comprehensive development of democracy, equality of people, the right for defense of an accused. The author focuses on reveling practical problems of the rights of potential suspected in the stage of pre-trial investigation in Ukraine, negative trends of legal regulation these issues in the Criminal Procedure Code of Ukraine. Different cases on the issue of the principle of providing the early legal aid in judgments of European Court of Human rights are analized and author justifies some proposals of the defining the legal status of the new subject of protection party in criminal proceedings of Ukraine – ?the person, that really suspected in sense of the providing the right for defense. A range of persons whose procedural rights provide for such participation, as well as the cases and conditions for such participation, are defined. The practice of ECHR about the principle of providing the early legal aid, free legal assistance, the right of free choice of the defender establish legal basis for changes the ways of realization the right to protection from suspicion in a criminal activity. The above mentioned and the practice reflected the conclusions about drawbacks of legal determination general conditions of the realization the right for defence and necessary changes and additions to the Criminal Procedure Code of Ukraine

Domestic legislature included in the authority of the investigating judge the consideration of applications by investigators or prosecutor on conducting covert investigative (search) actions and the adoption of the relevant decisions. One of such actions is the control over the commission of a crime (Article 271 of the CPC of Ukraine). However, unlike other covert investigative (search) actions, there is no unequivocal requirement of the legislator regarding the issuance by the investigating judge of the relevant decision in relation to this action. So, the CPC of Ukraine allows for the control of a crime without the order of an investigating judge. Subject of the initiative to monitor the commission of a crime ? the prosecutor decides whether such a decision is necessary. At the same time, the legislator does not define the concept or the content of the control over the commission of a crime. Consequently, this issue is subject to a clear legal regulation, for the implementation of which requires appropriate scientific research. The purpose of this article is to form the theoretical idea of an optimal legal structure, which should establish the powers of an investigating judge to ensure the legality of the control over the commission of a crime.

The question of the legal nature of evidence is complex, which is due to the complexity of its study, perception and formation. Problem of the issue is confirmed by the unsuccessful attempt by the legislator to divide the process of forming the evidence for the investigator and the court. Accordance to Part 1 of Art. 84 CPC among the subjects of obtaining evidence are the investigator and prosecutor, that indicates on the investigative method of their formation. In accordance with the complex epistemological and legal nature of the evidence, it is not difficult to ascertain that the investigator or prosecutor donot able to properly evaluate and verify the evidence by their own. In addition, the inconsistency of the provisions of Part 2 of Art. 23 and Art. 84 CPC gives grounds for the incorrect conclusion that the evidence which is obtained by the bodies of pre-trial investigation and the evidence which is legalized by the results of the investigation in court are equable, that is the sign of the inquisitorial type of the process. The purpose of the scientific research is to determine the legal nature of the evidence, the order of their formation, the legal construction of evidence. Propose the procedure for the formation of evidence, to develop approaches to the definition of the legal construction of evidence that is based on the analysis of the legal phenomenon of evidence

The article deals with the main issues concerning the socio-legal nature of criminal proceedings concerning a particular category of persons. The provisions of the Criminal Procedural Code of Ukraine, which contain certain contradictions on this issue, are noted. The study of the socio-legal content of criminal proceedings provided for in Chapter 37 of the Criminal Procedure Code of Ukraine is defined for the purpose of this publication. Historically, there are certain people in any society who, due to certain circumstances, carry out public social functions. To ensure the fulfillment of these functions, legal measures are created and implemented that are associated with legal immunity or immunity. The study of the problem of the socio-legal content of the special procedure of criminal proceedings concerning a particular category of persons is extremely relevant. The study of the socio-legal content of criminal proceedings against a particular category of persons is impossible without identifying the peculiarities of their legal statuses. Legislation consolidates the factors that can influence the degree of execution of procedural obligations in the field of criminal justice. Such factors are legal and procedural immunities and privileges. For subjects of criminal proceedings immunities and privileges are guarantees of the proper fulfillment of the public duties assigned. The motives behind the legislative consolidation of immunities and privileges are different. This is mainly due to the special nature of the functions performed and the need to ensure unjustified criminal or administrative prosecution. Contents of Art. 10 CPC of Ukraine provides grounds for arguing that when deciding on the issue of immunity or privileges the defining should not be the kind of occupation, but the real need for increased legal protection of subjects that are most vulnerable to the consequences of the application of measures of procedural coercion through age, gender, affiliation to another country or language group, health status, pregnancy, etc. On the basis of the analysis, an author’s vision of the nature of the proceedings for a particular category of persons, its inalienable alignment with the categories of immunity and privileges is proposed. The prospects for further exploration in the direction of improving the mechanism of criminal proceedings against persons with immunities and privileges are specified

The article analyzes the provisions of paragraph 9 Section XV of the Constitution of Ukraine, paragraph 4 Section XIII of the Law of Ukraine «On Prosecutor’s Office», paragraph 1 Section X of the CPC of Ukraine, the practice of their application is examined, on the basis of which it is concluded that there is a certain legal conflict between them, related to the commencement of investigations by the investigating bodies of the State Bureau of Investigations of the powers granted to them, the presence of which adversely affects the formation of law enforcement practices and the effectiveness of investigating crimes investigated by the bodies of the State Bureau of Investigations. On the basis of systematic analysis of scientific and journalistic sources devoted to the problematic issues of establishing and starting functioning of the bodies of the State Bureau of Investigations, the provisions of the current Ukraine’s legislation and materials of law enforcement practice, possible ways of solving the problem issues of investigations of the State Bureau of investigations of the powers granted to them are grounded. It is concluded that the function of the pre-trial investigation of the prosecutor’s office is temporary. The term of its implementation ends with the commencement of the operation of the new bodies of pre-trial investigation, which by law, depending on their jurisdiction, powers are transferred to investigate criminal offenses. It is noted that the provisions of paragraph 9 of Section XV «Transitional Provisions» of the Constitution of Ukraine are of a general nature and find their detailed specification in other sectoral legislative acts. It is indicated that the term of the prosecution authorities’ investigative powers to investigate the crimes attributed to the investigation of the bodies of the State Bureau of Investigation expired on November 20, 2017. Accordingly, the investigative bodies of the prosecutor’s office are deprived of procedural authority to exercise the temporary function of pre-trial investigation given to them. The only exception in this case is the provision of paragraph 2, paragraph 1, of Section X of the CPC of Ukraine, the legislative capacity of the investigating authorities of the prosecutor’s office to investigate crimes attributed to the investigations of the bodies of the State Bureau of Investigations, if they were initiated before November 20, 2017, but not more than two years. Taking into account that the provisions of paragraph 4 Art. 216 of the Criminal Procedure Code of Ukraine have already come into force, and the State Investigation Bureau has not actually started functioning as a pre-trial investigation body, and the Ukrainian criminal procedure legislation does not regulate other entities authorized to implement these legislative provisions, suggest ways to optimize the provisions of the current CPC of Ukraine in this part. There is a need to change the modern paradigm of the interconnection of operational-search activity and pre-trial investigation, provided by the Law of Ukraine «On the State Bureau of Investigations» and the introduction of the Detective Institute in the State Bureau of Investigations.

Antonina Berezovenko’s article explores pequliarities of the discourse practice development in the realm of the criminal law as a function of the intensive statehood building process in sovereign Ukraine. International subjectivity of Ukraine became a powerful stimulus for the development of all discursive practices, including the special ones, in particular – ?of the discourse of the criminal law. The appearance of such national discourse, which would be adequate for the world communicative practice, evokes an urgent producing of those nationally specific means of a categorical – ?notional and verbal framing of the reality, which would be capable of describing sufficiently both: national and supranational phenomena. Under contemporary circumstances of a dominancy of English language as an international medium Toda’s dominancy of English as an international medium makes us to focus on research of Ukrainian-English language encounter, pequliarities of the nomination (predominantly the terminological one) in the comparative aspect and on the harmonization of the categorical – ?notional systems of both languages. The article aims to establish main tendencies of the discursive dynamics of sovereign Ukraine, to define those factors, which influenced the formation of the discursive practice in the realm of the criminal law, to point out important characteristics of this process in context of the establishing of Ukraine’s subjectivity. The contemporary discursive dynamics of Ukraine is being defined by the following tendencies: 1) intensification of linguo-creativity; 2) internationalization of linguo-creativity; 3) autochtonization (nationalization) of linguo-creativity. The important features of the discourse development in the realm of the criminal law after the declaration of independence in 1991 were: 1) scientific search, significantly stimulated by Ukraine’s international subjectivity; 2) intensive lexicographic work in this sphere of social relations (criminal law) – ?making of dictionaries of linguistic and encyclopedic nature (Ukrainian, two- and multi-lingual); 3) creation of the manuals, which formed among the target audience such a categorical – ?notional apparatus and communicative skills for the operations with the latter one, which would be able to play a role of an adequate instrument for intellectual reflection of the judicial problems within sovereign Ukraine and beyond its borders

The article analyzes the non-typical forms of encroachments on the stock market, which are foreseen by the criminal legislation of foreign countries. The author refers to such non-typical encroachments: influence on price setting of securities; use of false and false information to influence the price setting of securities; abduction, destruction and damage to other securities; import of prefake securities; illegal export of securities abroad; illegal actions with simple and transferable bills; use of genuine or counterfeit securities for committing other crimes; failure to transfer funds to issuers of securities; violation of the rights of participants in securities collections. To distinguish these non-typical forms, criminal law is analyzed in the Netherlands, Denmark, Germany, Poland, Switzerland, Sweden, Spain, Bulgaria, Uzbekistan, Azerbaijan, Kazakhstan, Georgia, Belarus, Latvia, Estonia, Japan, China, Russia, Serbia, Tunisia. The formulated conclusions determine non-typical forms of encroachments on the stock market, their correlation among themselves, the significance for the content of these forms of properties of the stock market and legal constructions. It is substantiated that the non-typical forms of encroachments reflect the essential, most common characteristics of the attack and the damage it inflicted on the «work» of the stock market of any country (or most of the countries with a similar stock market system). It is determined that the non-typical refer to the violation of the following phases of the «work» of the stock market: associated with the exercise of the powers of the stock market participants, depending on the form of the security (forgery, use, sale of deliberately fake securities); associated with the process of issue (issue) of securities, their introduction into circulation and circulation; use of insider information in the process of issue (issue) and circulation of securities.

In result of the constitutional reform in the area of justice, the prosecutor’s office of Ukraine organizes and provides procedural guidance by the pre-trial investigation (part 1 article 131–1 Constitution of Ukraine). Prosecutors perform this function. They are procedural heads of pre-trial investigation in a particular criminal proceeding. Their activities direct at countering crime and have their own peculiarities and patterns, which are regarded as a subject of forensic theory and The purpose of the article is to identify the basic laws and grounds for the formation of forensic theory of organization and procedural guidance by the prosecutor with a pre-trial investigation. Revealed difference in the description of the activities of the prosecutor-procedural chief from the administrative power of the head of the pre-trial investigation body on the work organization of the investigator. It is conditioned by the public prosecutor’s powers, having criminal procedural nature and disclosed in the supervisory and organizational-managerial aspect. The prosecutor urges the investigator to use the methodology, techniques and tactics of investigation of crimes, use of the whole arsenal of methods and ways of conducting investigative, secret investigative and procedural actions. As a result of this work, the prosecutor gets the actual and the legal opportunity to form and defend own views concerning accusation in court. So, the function of the prosecutor in criminal proceedings objectively demonstrates the existence of objective reasons for the formation of forensic organization theory and procedural leadership in the investigation of crimes. They form the basis of forensic theory of organization and procedural guidance for pre-trial investigation by the prosecutor. This area of prosecutorial activity contains many problems. Therefore, it is necessary to scientifically substantiate theoretical issues, in particular identification of practical and scientific prerequisites for the formation and fixing of regular trends in the development of the organizational foundations of the work of the prosecutor-procedural chief, aimed at ensuring the investigation of crimes and the administration of justice. Further research will contribute to the formation of the forensic theory of the organization and prosecutor’s guidance by pre-trial investigation, development of its concept, on the basis of which it will be possible to generalize all available theoretical and applied achievements in this field of scientific knowledge

The article is devoted to the research of the person of the offender as an element of criminalistic characteristic of violations of privacy of the private life. The urgency of the study of this issue is that the person of the offender as an element of criminalistic characteristics of violations of privacy of a private life, despite its practical significance, has not been investigated in forensic literature. The purpose of this article is the scientific substantiation of the structure of the person of the offender as an element of criminalistic characteristics of violations of privacy of the privacy and disclosure of its content. In the article, on the basis of system analysis of theoretical scientific regulations, norms of domestic legislation and materials of investigative and judicial practice, reveals the problematic issues regarding to the person of the offender as an element of criminalistic characteristics of violations of privacy of a private life, formulates his concept, determines the content of this element and substantiates its structure and correlation relations, the personality of the offender with other elements of criminalistic characteristics of violations of privacy of the private life. It turns out that the system of information about the perpetrator’s personality allows not only to correctly classify a criminal offense committed, but also significantly improves the effectiveness of the process of promoting versions and planning of the investigation, the choice of tactical methods for conducting procedural actions and investigations in general. It is concluded that the person of the offender as an element of forensic characteristics is a collection of information about physical, social, moral and psychological and other features and properties characteristic of persons who committed a criminal offense of a certain type. The offender is a person who is unauthorized to collect, store, use, destroy, distribute and modify information about the private life of another person, who is the confidential information about this person, in the course of violations of privacy. The summarized data on the identity of the offender as an element of criminalistic characterization of violations of privacy of the private life and their correlation with other elements of forensic characteristics are established.

In the article, based on the analysis of scientific literature on criminalistics and criminal process practical materials, the problematic issues of the initiation of criminal proceedings and the determination of a range of circumstances that are established in the investigation of the facts of official negligence are analyzed. The purpose of this article is to study the peculiarities of the initiation of criminal proceedings and determine the range of circumstances that are established in the investigation of official negligence. Often, law enforcement agencies receive information about the facts of official negligence from information in the media about an event: an accident, a fire, pollution of the territory, etc. Criminal proceedings usually begin after inspecting the place of the event (the place where the socially dangerous consequences of official negligence have occurred). Oral or written statements (reports) about the commission of this crime are filed on the results of revision or official inspections. The largest group of circumstances that are established in the investigation of official negligence is the occurrence of a criminal offense. Establish: who, when and in what circumstances reported about the fact of negligence; description of the body where the official is employed; description of the position and powers of an official; analysis of decisions taken by the official, actions taken in the particular case; whether they belong to official duties, the failure to fulfill which resulted in official negligence; what actions the person was obligated to commit, and in what manner and why did not do it etc. In addition, such circumstances are established during the investigation: the person guilty in the commission of negligence, the type and amount of crime damage; mitigating and aggravating circumstances, grounds for exemption from criminal liability or punishment etc. The correct establishment of the range of circumstances that are established in criminal proceedings in the investigation of official negligence allow the investigator to properly organize and plan investigations, achieve the goal and fulfill the objectives of the criminal proceedings specified in Art. 2 CPC of Ukraine

The urgency of the topic of research is predetermined be involvement of a significant number of minors in the field of criminal justice, where their rights may be violated as a result of unfair or unprofessional exercise of their powers by representatives of the judiciary. The purpose of the article is to study the procedural rights and guarantees of minors in criminal proceedings during interrogation and to develop, on the basis of their analysis, proposals for the improvement of these procedural rights and guarantees, taking into account the age-old features of minors. The article analyzes the international treaties to which the state of Ukraine is a party, which establishes additional guarantees of the observance of the rights of minors in the field of criminal justice, analyzed the norms of the current CPC, which establishes special rules for interrogation of minors, and developed reasonable proposals in order to improve the relevant provisions of the CPC. As a result of scientific research, it has been established that the procedural guarantees of a minor during interrogation should not extend to persons who have not attained the age of 18 but who have acquired full civil capacity, concluded that it is necessary to clarify the procedural status of a teacher, a psychologist, a physician who is involved in the interrogation of a minor and the specialization of investigators, prosecutors conducting criminal proceedings against juveniles. It is proposed to clarify the procedural status and to establish requirements for a psychologist, teacher and doctor involved in interrogation of minors, as well as to improve the provisions of the current legislation of Ukraine, which regulate the procedural status of specially authorized investigators, prosecutors in criminal proceedings against juveniles, etc. The necessity of further implementation of the norms of international law in the national legislation of Ukraine in the juvenile justice sphere, including the implementation of the relevant provisions of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse in order to ensure the effective implementation of criminal proceedings against minors is given.

This article is devoted to an analysis of the status of victims of international crimes in international criminal law with particular reference to those victims who have been harmed in different regions of Ukraine (Kyiv, Crimea, Eastern Ukraine) since 21 November 2013. In other words, the author conducts a concise analysis of who can qualify as a victim of international crimes as well as of what set of rights such a victim possesses in proceedings before the International Criminal Court (ICC). These general remarks, in turn, are subsequently situated in the wider perspective of the so-called Ukrainian case. It is argued that for a long time victims of international crimes have been forgotten subjects of international criminal trials. The situation has only changed gradually with the development of international criminal law since the Nuremberg trials until 1998 when the Rome Statute of the International Criminal Court (ICC) was adopted. Nowadays, victims’ procedural rights are expanding as, in fact, are definitions of victimhood provided for in various international legal documents (i.?e. definition of victims of crime included in rule 85 of the Rules of Procedure and Evidence of the ICC). It follows that both natural persons and legal persons can qualify as victims of crime in proceedings before the International Criminal Court. Apart from that, also the concept of an international crime is subject to certain controversies which cannot be solved by a mere reference to legal definitions or texts. Therefore, it is argued that international crimes should be differentiated from ordinary offences due to their different normative source and the specific context of the commission of these crimes. Moreover, the author also criticizes non-legal (moral) justifications underlying the differentiation between international and ordinary crimes. In part IV, in turn, the current status of the ’Ukrainian situation’ before the International Criminal Court is examined. The author concludes the substantive part with cataloguing the list of procedural rights that victims of international crimes have been equipped with together with the adoption of the ICC’s Rome Statute and which, potentially, can be acquired by victims of international crimes that have been committed during the Ukrainian crisis

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For the purpose of the effectiveness, completeness and quickness of investigations of crimes, scientists and practitioners have increasingly drawn their attention to the possibility of applying hypnosis to the pre-trial investigation stage as one of the non-traditional method for obtaining significant information for criminal proceedings. However, there is no single point of view regarding the legality and appropriateness of its application. Therefore, the purpose of the article is to analyze and generalize existing scientific approaches to the legality of the use of hypnosis during the interrogation of victims and witnesses and to establish the procedural significance of information obtained with its results. On the basis of the analysis of the current criminal procedural legislation of Ukraine, scientific sources and experience of foreign states, the author defined the concept of non-traditional methods of proof and hypnosis. The experience of applying hypnosis during the investigation of criminal violations in foreign countries has been analyzed and described. The article analyzes the views of scientists who oppose the use of hypnosis during the investigation, as well as the views of authors who believe that using such non-traditional method of crime investigations is advisable. The author established that the use of hypnosis in the investigation of crimes should meet certain conditions that do not contradict the current legislation and do not violate the rights and freedom of citizens. The borders of admission of application of hypnosis are marked. The attention is drawn to the fact that the use of hypnosis is appropriate when interrogating witnesses and victims who have been affected by psychological or physical influence during the commission of a crime. It was found that the use of hypnosis is possible in those cases where the interrogated person for various reasons can not remember the circumstances of the crime. The article analyzes the opinions of scientists about the possibility of using information obtained through the use of hypnosis. It is determined that such data are not have value of evidence.

The article is devoted to changes in Criminal Code of Ukraine in a part of criminalization of certain acts of domestic violence, in connection with adoption by The Verkhovna Rada of Ukraine modifications to the Criminal and Criminal Procedural Codes for the Prevention of Violence against Women and Domestic Violence. The above modifications contribute in preventing and combating matters against violence, and bringing it into line with the provisions of the Istanbul Convention. The violence in which victim suffered has an impact on various aspects of their lives, therefore it means that they need legally guaranteed security guarantees. Our focus is on analysis of article 126–1 Criminal Code of Ukraine. The specified offence have been researched through the separate elements of its actus reus. First and foremost uncovered the physical violence, economic violence, mental violence and psychological violence as ways of committing the offence and its legal signs. Physical violence was also examined and it was emphasized on the lack of its terminological consolidation.The law provides justification for the expediency of changing the term «psychological» violence to «physical» violence. The third type of violence that was studied is economic violence. Based on an analysis of the opinions of scientists and signs of this type of violence as a criminal law category, the authors proposed the definition of economic violence and its attachment in the note to Article 126–1 of the Criminal Code of Ukraine. According to analysis of article 126–1 Criminal Code of Ukraine considered signs of a special subject. Analyzing the rule in question, the authors drew attention to the allocation which made lawmakers, namely, a separate group of special subjects. Such an innovation did not find its justification in the analysis of the criminal law conducted by the authors and in view of this, such an element of the crime is considered as an objective sign, namely the particular state of dependence of the victim on the perpetrator. All in all its innovation would tend to the echo that of existing legal instruments. We can see than, that for his analysis be useful to refer to the legislation of other branches of the law

The article is dedicated to legislative attachment of monitoring of bank accounts as covert investigative (detective) action. Scientific researches of monitoring of bank accounts as covert investigative (detective) action are very important because of their value for both theory and practice. This matter isn’t investigated enough because of its innovation in the criminal procedural law since 2015. The article examines concept and content of information, that can be determined as bank secrecy, occasions when this information can be outspread. The author pays attention to the grounds of application, which are exhaustive and established in Criminal Procedural Code. Having examined legislature, the list of subjects, who can conduct this covert investigative (detective) action, is determined. The author make a suggestion to give authority to other subjects with the aim to provide objectivity and neutrality during criminal procedure. Analyzing the legislature, procedure of conducting monitoring of bank accounts as covert investigative (detective) action is clarified, basic requirements to pleading and award are defined, period of conducting this covert investigative (detective) action is appointed. The article also indicates problems of application of monitoring of bank accounts in practice, for example, high price of conducting this action, necessity of additional staff and lectures, and so on. The aim of the research is to find out the importance and essentiality of monitoring of bank accounts as covert investigative (detective) action in theory and practice, that will promote implementing of tasks of criminal procedure, effective investigation of crimes, identifying problems, developing proposals and recommendations for their solution. The specifics of the criminal procedural activities require the improvement of criminal procedural law. While analyzing scientific researches the author clarified the necessity of making changes to criminal procedural legislation, in particular to expanse the list of subjects, who can conduct this covert investigative (detective) action, to form legal certainty of the procedure and the procedural form of fixing revealed evidences. Having examined theoretical and practical aspects of the monitoring of bank accounts, the author comes to the conclusion that the prospects are seen in the development of proposals for the adoption of world experience, compliance with international legal standards, etc. Monitoring of bank accounts as any other covert investigative (detective) action must have clear and detailed legislative regulation, with compliance of principles of legal certainty and proportionality

The Strategy for the Reform of the Judiciary, the Judiciary and Related Legal Institutions for 2015–2020 points out that the main task of reforming the prosecutor’s offices is further optimizing the powers of the prosecutor’s office and limiting their scope in line with the recommendations of the Council of Europe and, as a consequence, bringing the prosecutor’s office in line with European standards. Therefore, the investigation of international standards in the field of criminal justice is a prerequisite for the development and improvement of domestic theoretical and legal principles of criminal prosecution of the prosecutor, in particular, for maintaining public prosecution in trial. The purpose of this article is to determine the international standards of prosecuting public prosecution in trial. International standards for supporting the public prosecution in trial determine the requirements, which are contained in the international documents, customs and practice of international judicial bodies on the basic provisions of the legal status of the prosecutor while maintaining a public prosecution in trial. These standards include: 1) ensuring the independence of the prosecutor; 2) observance of human rights while maintaining public prosecution; 3) implementing the principles of speed, efficiency and impartiality; 4) ensuring the security of prosecutors; 5) the impossibility of forming a prosecution on evidence that does not meet the admissibility criterion; 6) adherence to the rules of professional conduct. As a result of the investigation, we conclude that there is an urgent need to improve the domestic legislation in line with international standards, which will increase the efficiency of public prosecutors’ functions of maintaining a public prosecution in trial and protecting human and citizens’ rights and freedoms. The author proposes to define and legally consolidate the definition of «international standard» and exclude from the CPC of Ukraine Article 341.

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The article is devoted to comparative and legal research of models of pre-trial investigation of France and Ukraine. The current model of pre-trial investigation in Ukraine continues to show its inadequate efficiency in determining the actual circumstances of the case, impartial investigation, numerous violations of human rights and citizen. The purpose of this article is to develop further proposals to create a real, efficient, economic model of pre-trial investigation in guaranteeing of human and civil rights and freedoms in Ukraine. This article describes and compares the powers of judicial police France during inquests and operative units of Ukraine. Making a comparative analysis of powers in the field of operational subdivisions of Ukraine and governmental inquests France be traced a certain resemblance between them. However, it is made a conclusion that the judicial police France has more rights during inquests, unlike the operative units of Ukraine. In addition, are considered and compares the powers of public prosecutor offices France and Ukraine. In addition, the powers of the prosecutor’s office of France and Ukraine are reviewed and compared. It is concluded that the Office of the Prosecutor’s Office of Ukraine is simultaneously entrusted with the authority to organize, supervise, conduct pre-trial investigation, as well as form and maintain a prosecution in court, which testifies to the inconsistency and incompatibility of the procedural powers of the prosecutor’s office in Ukraine. In contrast to the French investigating magistrate, it is possible to point out that, unlike the Ukrainian investigator, he is an uninterested objective arbiter, whereas the investigator in Ukraine, has been charged to the party of charges and is characterized by an indictment of authority. The main drawback of pre-trial investigation in Ukraine should be regarded as his accusatory line with a combination of incompatible functions investigator for investigating accusations and protection. Submitted a proposal on the necessity of creating an independent, impartial trial investigation of his belonging to the court, depriving the prosecutor’s office of the procedural guidance for the pre-trial. investigation. Operational-search activity, which was inherited from the Soviet model of pre-trial investigation, should be eliminated with the further creation of a single police inquiry under the direction of the prosecutor’s office

The article deals with the issue of implementation of the terms of pre-trial investigation, according to the analysis of scientific sources devoted to the terms of criminal proceedings, materials of law enforcement activities. The author analyses the provisions of the Law of Ukraine «On Introduction of Amendments to the Commercial Procedure Code of Ukraine, Civil Procedure Code of Ukraine, Administrative Court Procedure Code of Ukraine and Other Enactments dated 03.10.2017 No. 2147-VIII (Law No.2147-VIII). The domestic legislator conceptually changed the terms of pre-trial investigation and the procedural procedure for their calculation under this law. The purpose of this article is to investigate the current legislation changes to the Article 219 of the Criminal Procedural Code (CPC) of Ukraine, according to the adopted law of Ukraine «On Introduction of Amendments to the Commercial Procedure Code of Ukraine, Civil Procedure Code of Ukraine, Administrative Court Procedure Code of Ukraine and Other Enactments dated 03.10.2017 No. 2147- VIII (Law No.2147-VIII) and to reveal their shortcomings and providing suggestions on optimizing the provisions of the current CPC of Ukraine in this part. In the article, the author defines the pre-trial investigation term and its meaning, in accordance with the latest amendments to the Criminal Procedural Code of Ukraine. The author analyzes the new ground for the closure of criminal proceedings – ?if a new term of pre-trial investigation (6–18 months) has expired – ?except in the case when the person was informed about the suspicion of committing a serious or especially grave crime against human life and health In order to improve the Criminal Procedure Code of Ukraine, in order to ensure a prompt, complete and unimpeded investigation and court proceedings, it is proposed to amend the Criminal Procedural Code of Ukraine regarding the procedural procedure for calculating the terms of pre-trial investigation, in particular, from the moment of registering a criminal proceeding in the Unified Register of Pre-trial Investigations (URPI), by the day of referral to a court with an indictment, a petition for the use of compulsory measures of a medical or educational nature, a petition for a link ting from criminal individual responsibility or the day the decision to close the criminal proceedings

The article researches the problematic issues of attracting a specialist at the initial stage of the investigation of robbery committed with the penetration into the house. The tactical and organizational issues that arise in the investigator during the involvement of a specialist during the investigation are considered. The author analyzes the theory and practice of attracting a specialist for carrying out separate investigatory actions at the initial stage of investigation of robbery. The article formulates scientificpractical recommendations on the use of special knowledge in the process of investigation. At the initial stage of the investigation of robbery, in most cases there is a need to attract specialists from different profiles, both legal and non-legal, who have special knowledge on particular issues that arise during the investigation. Such specialists, as a rule, are criminologists, cynologists with an official dog, biologists, chemists, forensic physicians, psychologists and others. It should be noted that the current legislation also lacks a clear definition of the concept of special knowledge. In some normative documents, the concept of special knowledge is used in the regulation of the conditions for carrying out certain types of expert research, where there is a need for the application of narrow professional knowledge. As a result, there is a debate about the definition of this concept in scientific circles. Effective investigation of robbery committed with housing penetration is impossible without the participation of specialists. Taking into account the specifics of robbery with penetration into the home, it should be noted that at the initial stage of the investigation of this crime there is a need for attracting specialists from different profiles, namely, forensic, ballistic, chemical, biological, forensic, medical and others.

The article deals with the problems of appealing for the detention in criminal proceedings on the basis of analysis of the norms of the current criminal procedural legislation of Ukraine and judicial practice. It is proved that the appealing for detention is actually implemented by a defense party during the pre-trial investigation in accordance with the article 206 of the Criminal Procedure Code, which defines general duties of a judge for the protection of human rights or during preparatory proceedings in court

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