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The paper deals with the issues associated with the use of confidential cooperation in criminal proceedings. Author analysis current legislation of Ukraine and scientific sources on specified issues. It is reported that a confidential cooperation can be used in the proceedings of covert investigative (search) actions, observation by a person or thing, place (Art. 269), audio, video surveillance of place (Art. 270), and person (Art. 260), control of commission of a crime (Art. 271 CPC of Ukraine), perform special tasks disclosure of criminal activity of an organized group or criminal organization (Art. 272), during covert obtain samples necessary for comparative studies (Art. 274), which is not covert investigative (search) actions, but it is a security measure. During the proceedings of other covert investigative (search) actions using confidential collaboration in the form of involvement of persons with whom cooperation is established, is not appropriate. Another form of confidential cooperation, under Art. 275 CPC of Ukraine, namely obtaining (and use) information from such persons, is appropriate for use not only in the course of all, without exception, covert investigative (search) actions, but in a proceeding of other procedural actions undertaken within the pre-trial investigation. It is concluded that in p. 1 of Art. 275 CPC of Ukraine legislator unreasonably limited this possibility by only covert investigative proceedings (search) operations. Author substantiates that for the relevant legal acts is necessary to make appropriate amendments, which would provide the legal possibility of covert cooperative divisions during pre-trial investigation, regulate organizational aspects of cooperation in confidential pre-trial investigation in accordance with Art. 275 CPC of Ukraine

The article is devoted to the research and classification system guarantees the rights and freedoms during a preventive measure in the form of detention. In this regard, reviewed the legislation, litigation on these issues and studied classification criteria guarantees of rights and freedoms in general. Classified guarantees the rights and freedoms stipulated Code of Ukraine regarding the use of restraint in the form of detention by setting what they are: 1) the task of criminal proceedings; 2) the principles of criminal proceedings; 3) set onus probandi purpose and reason preventive measure in the form of detention; 4) the right to legal counsel; 5) criminal procedural form; 6) the term of the decision on the application of a preventive measure in the form of detention; 7) legal responsibility for the lack of grounds or for violation of the order and the rights and freedoms during custody; 8) procedural responsibility in the form of cancellation of procedural decisions (including the system of appeals for). They are enshrined in the criminal procedural legislation of Ukraine. Defining a classification system and warranties can be concluded that the totality of these guarantees will only work in a system that is the essence of its implementation, each of its elements is inalienable part and can be implemented separately from other

The article deals with issues of the impact the victim and his representative on the course of the criminal proceedings in the light of the principle of competition. In criminal proceedings of Ukraine the professional legal assistance to the victim is provided only by the advocate (lawyer) in the form of representation, which is to ensure the implementation of the interests, rights and obligations of the victim by the advocate. The lawyer can provide other forms of legal assistance too. The victim has the right to be represented by a lawyer throughout the criminal proceedings and at any time to abandon law services. Representative has the procedural rights of the victim, excepting the procedural rights, the implementation of which belongs directly to the victim and could not be delivered to the representative. In order to ensure better the rights and interests of the victim, it is advisable to recognize legislatively the victim and his representative as the party of the criminal proceedings and as the private prosecutor – ?both in private and public prosecution with the provision of right to support both private prosecution. In such cases, it is needed to consider the prosecuting complex (combined). It is also proposed to include in the list of persons eligible to receive free professional legal assistance to victims who are not able to fully exercise their rights on their own by age or state of health or intend to conclude an agreement on reconciliation with the suspect or the accused.

In the article the problems in the implementation of analytical support of the National Police authorities of Ukraine at the stage of pre-trial investigation of the criminal proceedings are discussed, and proposals on the use of active and effective use of scientific and technical developments and technologies for analytical support for the pre-trial criminal proceedings are made. The main purpose of the criminal analysis is to strengthen the mechanisms for the prevention, detection, documentation and investigation of criminal offenses, as well as the strengthening of mechanisms of monitoring the crime situation, exchanging of information at the regional and international levels on trends and risks in this area. Prospects for further development of Institute for analytical support of pre-trial criminal proceedings is seen in the development of theoretical and methodological foundations of its application use. Successful implementation and application of new methods of criminal analysis will make it possible to spread it to the whole of the National Police system of Ukraine in the future and to use actively the analytical methods and techniques that make possible to fulfill the tasks of pre-trial investigation on the effective investigation of criminal proceedings, will create conditions for more effective implementation of the subjects operatively-search and investigatory activities of their tasks and law enforcement functions, which, in turn, will enhance the effectiveness of combating crime. The study of various aspects of the use of criminal analysis gives reason to identify priority measures for the further development of this direction of countering criminal offenses: the need for further development of the regulatory framework in the use of criminal analysis in the National Police of the Ukrainian authorities; increase in the use of criminal analysis in the National Police of the Ukrainian authorities; improving the security of operational and investigative units with modern office equipment, computer software; formation of the respective information data banks on a regular basis

The paper highlights the issues of obtaining evidence by operational units by interception of telecommunications transport networks. Specifies by author, that the current Criminal Procedure Code of Ukraine in p. 4 of Art. 263 does not include among the subjects interception of telecommunications transport networks operational and technical departments National Anti-Corruption Bureau of Ukraine. In this connection, the National Anti-Corruption Bureau of Ukraine detectives for take an evidence of signs to their jurisdictional crimes draw on written assignments relevant operational and operational-technical units for interception of telecommunications transport networks. This procedural order interception of telecommunications traffic is not entirely logical, as often subjects of commit are employees of the preliminary investigation, including of the National Police or Security Service of Ukraine. Accordingly, operational and technical units of the National Police or Security Service of Ukraine, performing assignments detectives of National Anti-Corruption Bureau of Ukraine, advance can prevent the persons concerned of the fact that the use of appropriate means of obtaining evidence. So, author talk about the risk of information leakage. Therefore stipulating the possibility of operating units of National Anti-Corruption Bureau of Ukraine carry out interception of telecommunications transport networks. It is noted that procedural order to obtain evidence through the interception of telecommunications transport networks are not entirely logical and not comply with the legal principles of criminal procedure proof. In this connection author proposes to change Art. 263 of CPC of Ukraine by complement p. 5 as follows: «Protocol on the progress and results of the interception of telecommunications transport networks is authorized by operating units of the National Police, Security Service of Ukraine or National Anti-Corruption Bureau of Ukraine, which spent directly relevant covert investigative (detective) action.»

The article deals with the contents of structural elements of criminal procedure judicial functions. Established that these structural elements are: 1) the subject of the execution of the function (the court); 2) the object of the court’s activities (clarify the circumstances to be proved and other circumstances that are important for criminal proceedings); 3) the content of the activity (judicial review of the criminal action); 4) the purpose of the activity (decision of the criminal action with making legitimate, reasoned and fair judicial decision). Besides the functions of the elements of justice must also is focus attention on the procedural form envisaged by law implementing criminal procedural functions and means of its implementation (powers). On the basis of these structural elements formulated the concept of justice as the main criminal procedural functions. The court administers justice is through the implementation of the established procedural from of powers for clarify the circumstances to be proved and other circumstances that are important for criminal proceedings, and decision of the criminal action with making legitimate, reasoned and fair judicial decision. It was shown function limits implementation of justice in criminal proceedings. The function of justice is carried out in judicial stages of criminal proceedings, where the prosecution decided: in the preparatory proceedings, trial in first instance, appeal and cassation review and in the revision of judicial decisions on again opened circumstances

The article on the results of the analysis of domestic and foreign scientific sources, the current provisions of the criminal procedural legislation of Ukraine defines the concept and types of criminal procedural safeguards defender as a subject of proof in the pre-trial investigation. The criminal procedural safeguards of criminal procedural guarantees of advocacy were stated in the article. We give the definition of proof counsel in pre-trial investigation, during which the author understands the criminal procedure law regulated informative and practical, mental activity defender, which is to obtain evidence and to use them to justify their legal position, which is due to its own object, subject, aim, objectives, means of proof to achieve the desired result in pre-trial investigation. It is noted that criminal procedural safeguards defender as a subject of proof in the pre-trial investigation is regulated by criminal procedure law provided that the implementing authority provide defence counsel as subject of proof when receiving evidence and using them to justify their own legal position in the pre-trial investigation. In conclusion, criminal procedural safeguards defender as a subject of proof in the pre-trial investigation advisable classified as follows: 1) the source of regulatory consolidation; 2) on the legal status of the defender; 3) the stage of proof in the pre-trial investigation; 4) by means of obtaining evidence in pre-trial investigation; 5) for the purpose of legal proceedings; 6) according to the type of evidence that receives and uses the back; 7) on the subject, which gives a proof protector

The list and the nature of the crimes committed in the sphere of international students exchange are determined. The essence of surveillance of an individual, an object or a place are examined. The goals and the objectives of this surveillance during the investigation of crimes committed in the sphere of international student exchange are defined. The ways to improve its use in criminal proceedings concerning this category of criminal offenses are dedicated. It is determined that visual monitoring of an individual, an object or a place is an effective means of crime investigation in the sphere of international student exchange. It’s aim is obtaining forensically significant information that is deliberately hidden stakeholders. Among the persons who were subject to such surveillance to be allocated:1) students and applicants among foreigners engaged in illegal activities in Ukraine; 2) officials of universities and public authorities receiving undue benefits from foreign students and applicants; 3) persons using public organization leaving Ukraine to study abroad

The article deals with the comparative analysis of legislation, theoretical researches as well as court practice on considering by investigating judge of the complaints of omission of investigator or prosecutor lying in the failure to introduce information on a criminal offence to the Unified Register of Pretrial Investigations. Based on the analysis of decrees of the investigating judges on the complaints of actions or omissions of investigator or prosecutor it was found that court practice on determination of the term for lodging the complaint of omission of investigator or prosecutor lying in the failure to introduce information to the URPR is contradicting. In one case the court finds that the term for lodging complaints of omission of investigator or prosecutor lying in failure to introduce information to the URPR starts within 24 hours of lodging the complaint of the criminal offense, and in other case from the moment when the person became familiar with the failure to introduce information to the URPR. Based on the above it is proposed to adopt in terms of legislation that calculation of the terms of lodging the complaint of omission shall be made starting next day after the term specified by the Criminal Procedure Code of Ukraine for carrying out by investigator or prosecutor of a particular action. It was found that it is problematic to complain omission of investigator or prosecutor if the decision of the investigator is made in the form other than provision as long as in this case the decision is to be drawn up in the form of the URPR extract. Based on the above it is proposed to resolve the issues on the term for lodging the complaint of omission of investigator or prosecutor in different ways. Based on the system analysis of court decisions of the judges of the first and appellate instance, legislation and scientific attitudes the author proposed to amend paragraph 1 of Article 304 of the Criminal Procedure Code of Ukraine as follows: «Complaints of the decisions, actions or omissions of investigator or prosecutor provided for by paragraph 1 of Article 303 of this Code shall be lodged by a person within ten days from the moment of decisions making, action or omission. If the decision of investigator or prosecutor is drawn up in the form of provision the term for lodging the complaint shall start from the date of receipt of its copy by a person. If in case of the decision of investigator or prosecutor the resolution is not prescribed, the complaint of their actions or omission shall be lodged within ten days starting next day after the end of the term determined for its carrying out by this Code».

On the basis of German sources fragments of biography and scientific activity of German criminal law scientist Rinehart Maurah is described. Sources that served as the basis for the biography and the process of their searching is described. The author traced the connection of Rinehart Maurah with Simferopol during the period until 1920, and described his scientific views and publications. The article is accompanied by the formulation of the intermediate conclusions about the fate of Rinehart Maurah during 1941–1945 and the need for further research in this direction. The information in the reference and of the German historiographical sources do not give a complete picture of the life of the Crimean period R. Maurach. For example, it is not clear what specific reasons prompted to leave 18-year-old boy and his parents in the Crimea is in the final year of the Civil War. And still unclear and that, at what time of Maurach family left the Crimea. Maurach scientific activity has been associated with the work in the field of criminal law dogma, theory of punishment, criminal policy, international criminal law, including the Soviet criminal and constitutional law. Considerable attention is paid Maurach German criminal law (general and special part). The main scientific teaching was connected with the history of the influence of unlimited state power as a result of the Russian Revolution and the authorities of the Third Reich. The main provisions of his scientific work consists in the implementation of state-legal protection of criminal law and formed the basis of criminal dogmatic position determining penal policy. They are also bound by its ideas about the history of the formation of the practice of criminal law

The paper examines the history, the organization and the legal status of the institute of the Special Prosecutor. Special attention is paid to the modern legal regulation of the subject’s activity. The institute of the Special Prosecutor in the United States is well known, important, and, what is notable, it is working. It has been developing for a long historical period, since the 19th century, the Watergate events, to our time. The paper states that the Special Prosecutor was often the subject of discussion in professional and legal environment. The importance of its fulfilled tasks, the influence on the political process, the independence of the institute, the special procedure of the appointment, public funding, professionalism – ?have always been the subject of controversy for many years. As the result, the regulation of the institute was changed. The author analyses powers and the process of appointment of this official. In his view, current and past regulation has specific advantages and disadvantages. The author writes that the main idea of taking control under the investigation and prosecution by this subject is due to its independence, impartiality and public confidence. The Special Prosecutor is not a permanent actor; he is involved in the investigation and carrying out duties of the prosecutor in those cases where there is a conflict of interest and mistrust of society to traditional methods of work of the authorities. To perform these tasks professional lawyer is involved who does not belong to government agencies, has a good reputation and trust of the society. The author determines that the main factor, which justifies the existence of this particular institution, is its independence that changed in different historical stages

The paper is devoted elucidation of systematic character of the concept of «independence of the judiciary». The authors disclose various approaches to understanding the concept of «independence of the judiciary.» The authors approach establishing the concept of «independence of the judiciary» as an quality that inherent to judicial power in the mechanism of checks and balances, understanding as the principle of the judicial authorities, as its characteristics, as a part of the right to a justice, as well as the degree of freedom of the court in relations with other branches of government. As a result, the authors performed isolation of the characteristics of judicial independence. They are: • provides by the applicable domestic law: as internal normative legal acts and international treaties, ratified by the Verkhovna Rada of Ukraine; • refers to the notion of «judicial power» as a part of the government, which is defined in Art. 6 of the Constitution of Ukraine; • is realized in the relationship of the system of checks and balances; • is the guarantor of the implementation by the judiciary of it’s functions; • implemented during the functioning of the judiciary (implementation allowed only during the judicial authorities); • characterizes the degree of freedom of the judiciary, while being as common prevention; • provided by set of guarantees for its implementation; • detailed in the work of the judiciary and judges; • is multi-faceted and complex legal category that contains the elements of complex of legal, economic, political and social issues; • for it’s violation occurs, political and/or legal responsibility. • In conclusion, the paper also reveals a systematic understanding of the concept of «independence of the judiciary.»

The article is devoted to historical conditions of creation and development institute in the economic appeal proceedings in Ukraine. The author argues that the emergence of appeal reaches the Kievan Rus’ as for the judiciary Kievan Rus was characteristic, which eventually acquired the status of one of the main features of the Institute for appeal ? the formation of uniform thinking and ensure uniform enforcement. During Hetman Bohdan Khmelnytsky in Ukrainian lands formed on the principles of the judicial system instantsiynosti, territoriality and specialization. In the early nineteenth century, along with the general judicial system in Ukraine began to form special courts for consideration of trade disputes ? commercial. Thus, in 1807 has been created commercial court in Odesa. Laying the foundation of the modern system of commercial courts in Ukraine, features on consideration of economic disputes were trans-ferred to a specialized court system took place in 1991. Although still maintained significant influence of executive authorities and the President on the activities of arbitration courts, particularly in the appointment of arbitrators and arbitral tribunals funding. A further foundation in the formation and development of legislation on higher specialized courts was the adoption June 28, 1996 Constitution of Ukraine. Judicial reform was extended by the Law of Ukraine «On the Judicial System of Ukraine» dated February 7, 2002. Holistic view of general jurisdiction acquired by the Law of Ukraine «On the Judicial System and Status of Judges» from July 7, 2010

The author of the article based on the results of the analysis of scientific sources the epistemological aspect category «information support of the judges.» It is noted that the information of courts ? a method of functioning of the judicial system, which includes interconnected and interdependent set of: (a) information, created to meet the needs of judicial work; (b) for the implementation of complex information events caused by the specifics of the court, and necessary for the effective functioning of the court and the general conditions for the administration of justice in particular; (c) information technology. The purpose of the Information of courts is to create a favourable communication environment in order to guarantee receipt of information according to user requirements ? of judicial activities using the latest information technology. The task of providing information is the timely provision of information subject of the appropriate quality within the existing organizational and technical structures, regulation and financing. Objective information of courts due information needs, defined as a condition of the subject entity that arises from the need to obtain the information needed to solve meaningful problems. Provision of information levels of courts: micro, which provides for the organization of information processes directly in the judiciary, where the subjects of information relations is exclusively its representatives; macro that using information product formed by the internal environment of the judicial system and directs it to the circulation and use in society.

The article is based on the analysis of the current provisions of the criminal procedural legislation of Ukraine, materials practices, survey practitioners highlights problems issues pf mechanism for implementing the criminal procedural guarantees of the victim as a subject of proof on the involvement of experts in criminal proceedings. The author proposed to amend the Criminal Procedure Code of Ukraine to improve the mechanism for the implementation of criminal procedural safeguards victim as a subject of proof on the involvement of experts in criminal proceedings. The researcher agrees with the position of scientists who propose paragraph 2 of part 3 of article 93 of the Criminal Procedure Code of Ukraine as follows: «The initiation of the defence, the victim, a representative of the legal person against which the proceedings of the investigative (search) and covert investigative (search) actions carried out by means of the investigating judge appropriate applications. To enhance the implementation of appropriate criminal procedural safeguards victim as a subject of proof in criminal proceedings amends articles 101, 241?244 Criminal Procedure Code of Ukraine, giving the victim the possibility of legislative requests for involvement of experts to the investigating judge. The expediency of presenting article 243 Criminal Procedure Code of Ukraine as follows: «1. The prosecution involves expert on the grounds of the examination. 2. The defence, victims have the right to involve experts on a contractual basis for the examination, including compulsory. 3. The expert may be involved investigating judge at the request of the defence, the victims in the cases and in the manner provided for in article 244 of the Code»

In the article the theoretical analysis of scientific approaches to forensic-psychiatric assessment of the persons who committed sex crimes is carried out. Definition of the concept «paraphilia», according to the operating MKB is given, its disadvantages and the possible prospects of changes in the following MKB are taped. The analysis of use of category of «a limited sanity» in various criminal codes of the European countries is carried out, need of entering of certain changes into the existing criminal code of Ukraine concerning a possibility of recognition «limited responsibility «persons who suffer from paraphilias (including a pedophilia) and uses concerning them the corresponding punishment and coercive measures of medical character. It is noted that mental abnormalities, starting from the first years of life may prevent the emergence and development of adequate sex-role-playing systems, awareness of itself as an equal and equal participant sexual relations. Yes, psychopathy and effects of traumatic brain injury are able to create the feeling of sexual inadequacy, insufficiency. Moreover, early in life, such as in male children may be laid foundations subjective misperceptions women as threatening, destructive force. Because of this people in adult life in relations with representatives of the opposite sex begins to take a defensive position where the best way to protect ? the attack. This explains the facts that many rapes engaged offenders with mental abnormalities, accompanied by brutal beating and bullying. Established that sexual preference disorders have similar etiology, confirmed the results of the close relationship with issues of sexual deviations statevorolevoyi socialization. While mental disorders that accompany sexual deviations observed communication difficulties at the beginning of the disease causing trouble mastering role stereotypes

The article deals with the analysis of separate innovations of normative regulation of the sphere of the judicial system functioning caused by the constitutional reform of justice and coming into force of the Law of Ukraine «On the Judiciary and the Status of Judges» of 2 June 2016. Particularly, the attention is drawn to approaches applied to institutional matrix of the judicial system. The author describes the effort to hold normativization of the idea of pertaining the institutions of prosecution and advocacy to the judicial power, which is a characteristic peculiarity of the contemporary period of reformation, and by which it is significantly different from previous ones. Herewith, it is emphasized that it is not the first time in the history of the judicial reform, when changes to the national judiciary take prominent place in the complex of measures proposed to be implemented. While analyzing them, the article provides the criticism of the new edition of the Article 125 of the Constitution of Ukraine, which in the author’s opinion, creates vacuum situation in the judicial system organization, which, as historical experience testifies, threatens to «fill up» in a new manner each time after changing political elite in country. Besides, in the author’s opinion, the liquidation of the Supreme Court of Ukraine is unjustified, since it is aimed at getting rid of its staff. In general, incorrect HR policy of the contemporary judicial reform can cause its high social price, the expression of which will be represented by the violation of an individual’s right to judicial protection. Separately, the author considers such an innovation as implementing monopoly of advocacy institution to representation of interests in court. Particularly, the author analyses the risks of its realization in the judicial system, and on the basis of the held analysis a range of reasons against such an innovation is provided. Besides, there is an author’s position concerning functional transformation of the institution of prosecution. To sum up, the author made opinion about haste, radicalism and lack of scientific basis for implemented innovations, which can have negative impact on the achievement of goals declared by the judicial reform.

The article deals with the issues of interaction of the High council of justice with other state authorities, judiciary self-governmental bodies and other law entities. The author of the article emphasizes two classifications of such interaction due to the various criteria such as subject and functionality of the interaction. The article gives a review of regulation of these issues by previous version of the Constitution of Ukraine and previous version of the law «On the High council of justice» and compares it with the new versions of such laws. The article shows the peculiarities of the interaction between High council of justice and President of Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, High qualification commission of judges of Ukraine, international organizations, judiciary self-governmental bodies, private individuals and different types of legal bodies. The author underlines some problems with the new legal regulations and suggests a new approach to the solution of them, offers amendment to the current regulation.

This article considers the legal principles for providing investigating judge authorization of special pre-trial investigation in the criminal process of Ukraine and problems of their practical application. The tendency of increase criminal proceedings for criminal offenses committed by minors, which directed to court, was noticed. At the same time, the proportion of minors in the total number of convicts in the 2013–2015 years didn’t change significantly and amounted to 4.8%. This article considers the question of the right of prosecutor to participate in the making and consideration process of the conciliation agreement. Established that in our country is still a tendency to punitive response to minor offenses, mechanisms of restorative justice aren’t full realized. Therefore there is a need to review and improve mechanisms of restorative justice in juvenile criminal cases to ensure their rights. Expressed necessity of a number of changes to the Criminal Procedure Code of Ukraine regarding the need to clarify some of its provisions. Expressed necessity of a change to the art. 469 and art. 474 of Criminal Procedure Code of Ukraine regarding the conciliation agreement in juvenile criminal cases

The paper studies the procedures of questioning juvenile witnesses in court proceedings. Author explores the issue of the participation of a legal representative during the questioning of juvenile witnesses in court proceedings. In contradistinction to defense counsel (lawyer), which provides legal assistance to a minor, the legal representative involved in criminal proceedings to provide in general psychological and emotional support. The paper considers features of the procedural status of a teacher, psychologist and doctor in criminal proceedings and procedure of their involvement in to the questioning of juvenile witnesses. The choice of the person, which can be invited to participation in the proceedings have a great tactical importance. Requirements for those subjects can be divided into two groups, depending on the functional purpose of each person in proceedings, in particular on compulsory and optional. Author propose to provide mandatory participation of a representative in the criminal proceedings which may be the protector during the interrogation of a minor witness in the proceedings. Introduction of juvenile witnesses’ attorney representation will facilitate the adaptation of the proceedings to the level of understanding of the child and ensure the best interests of the child, regardless of its procedural status in criminal proceedings.

The article analyzes the mechanism of messages suspected person under the current criminal procedural legislation. Analyzes and identifies the existing problems of the legitimacy of the notification of suspicion. Set supervision of the legality of notification of suspicion. Formulates their own proposals on improvement of legal regulation to the person suspected to increase the efficiency of public prosecutions. Message persons suspected of a criminal offense is an important procedural decision, which accepts prosecutor or investigator with the consent of the prosecutor before the end of the preliminary investigation in criminal proceedings. Enforcing the law during message suspected person is an important activity of the prosecutor, because after such message and acquiring the status of a suspect person, the volume of its individual

As the title implies the article describes that the concepts and categories of the underlying legal provisions that regulated criminal procedure legal relations marked drawbacks methodological, procedural, technical and legal, so that these rules and contradictory and false reflect detectable them phenomena that difficult to understand unsettled towards legal aspects and causes errors in the practice of law. The analysis of these deficiencies discovered their causes and their consequences caused author proposed to make amend in the current legislation CPC, Constitution of Ukraine. Recommendations are given: • based on the fact that the word «criminal» literally means «criminal», focuses on the inappropriateness of concepts «penal code», «Criminal Procedure Code», «criminal proceedings», «criminal charge» that contribute to the naming of «criminal» Procedure and other realities; • grounds misunderstanding of the concepts «the beginning of the preliminary investigation» and «opening of criminal proceedings», which leads to misunderstanding of reason and opening criminal proceedings and the grounds for the start of the investigation; • draws attention to the fact that if the CPC concept of «closure of criminal proceedings» is used often, the term «opening of criminal proceedings» in the general part not used at all, contrary to the rules of logic; • highlights that that due to changes in the criminal justice paradigm in its structure no judicial investigation now, and then the term «preliminary inquiry», «preliminary investigations», «bodies of pre investigation» is devoid of logic. • grounds that consideration of these proposals could contribute to bringing the norms that regulated the procedure for opening criminal proceedings and start an investigation in accordance with the rules of logic, coordination of the content and substance unsettled towards their relationships, and as a result – ?improvement of how content the CPC and practice.

The article shows the current state and prospects of methodical forensic software of economic crimes investigation based on the analysis of the current state of legal regulation economic areas by state, changes and new trends in the criminal process, practices materials and results of the survey of investigators and prosecutors. The author found that methodical forensic software must pass five stages (stages) before the development to methods of investigating economic crimes. The first stage ? the study the economic crime situation in the state. The second stage ? the analysis of Ukrainian legislation, which establishes criminal liability for committing economic crimes. The third stage – ?the study and generalization of investigative, judicial, expert practice of economic crimes investigation. The fourth stage ? analysis of criminal procedural law and identify procedural problems that exist in the economic crime investigation. The fifth stage – ?development of forensic aspects of overcoming high latency of economic crime. Having analyzed all five stages author concluded that further prospective research would be aimed at the development and practical implementation of integrated methods for economic crimes investigation, including economic crimes across the border with the involvement of organized international character criminal groups, the Internet, the latest achievements in computer engineering.

The article is dedicated to the analysis of the provisions of the Article 269 of the Criminal Procedure Code of Ukraine and to the determination of the grounds for classifying visual monitoring as a covert investigative (search) action on individual species. From this perspective, the legislator introduced evaluates criteria differentiating visual monitoring. The copyright vision of approaches to the definition in the norms of the Criminal Procedure Code of Ukraine different kinds of visual monitoring are given. The promising ways of legal, organizational and tactical measures of each species are outlined.

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