In the article, taking into account the peculiarities of the legal status of a lawyer of a foreign state exercising professional activity in Ukraine, the grounds and procedure for bringing them to disciplinary liability are determined. The author carried out a comprehensive analysis of the legal and organizational aspects of the application of disciplinary liability to lawyers of foreign states in Ukraine. The concept of dual disciplinary jurisdiction, which applies to foreign lawyers, is substantiated, and the necessity to adhere to non bis in idem principle in this respect is pointed out. Thus, the author concludes the need for close cooperation of the Qualification-Disciplinary Commissions of Advocates in Ukraine with relevant authorities of the foreign Bars in disciplinary liability matters of foreign lawyers. The problems of the responsibility of foreign lawyers who provide legal services in Ukraine without enrolment to the Uniform Register of Advocates of Ukraine are stated. Author’s reasoning leads to a conclusion about the insufficient variability in the disciplinary impact on foreign lawyers in Ukraine owing to a limited range of disciplinary penalties that can be applied to this category of representatives of the legal profession

In this scientific article is given the definition of principles on which based the international cooperation in criminal proceedings and provided mutual legal assistance in criminal matters, also given their classification and made disclosure of their contents. The author analyzes the existing in scientific literature approaches to classification principles of international legal assistance and cooperation in criminal matters. Through the analysis revealed the contents of the main principles on which based the international cooperation in criminal proceedings and provided mutual legal assistance in criminal matters. Special attention is paid to details specific principles of international legal assistance in criminal matters. For example, the implementation of the principle of concessions parts sovereignty of member states of international agreement takes place when the requesting party asks for the application of criminal procedural law in carrying out its mandate of proceedings procedural investigation if the procedural rules of this country do not contradict the criminal procedural law of the state. Based on research the three-level system of principles the author concludes that a proper understanding of their content will avoid many misunderstandings during the enforcement in the process of international cooperation and implementation of mutual legal assistance in criminal matters, and substantially increase its effectiveness.

This article is devoted to the analysis of the practice of international courts in concerning prolonged detention within reasonable time. The notion of reasonable time is used in the primary international agreements and documents with regard to conduct of justice without any grounded delay. The authors examine the practice of the UN Human Rights Committee and the European Court of Human Rights regarding the criteria for the reasonableness of the detention terms. The basic approaches of these institutions to the interpretation of international treaties, which stipulate requirements for reasonable time, are determined. In particular, the UN Human Rights Committee suggests that extremely prolonged pretrial detention may also jeopardize the presumption of innocence. The reasonableness of any delay in bringing the case to trial has to be assessed in the circumstances of each case, taking into account the complexity of the case, the conduct of the accused during the proceeding and the manner in which the matter was dealt with by the executive and judicial authorities. Impediments to the completion of the investigation may justify additional time, but general conditions of understaffing or budgetary constraint do not. The main tendencies of practice, evaluation of activity and the most widespread violations of the states in terms of illegal extension of reasonable time are outlined. The criteria developed by the European Court of Human Rights are cumulative and to be assessed in complex according to the circumstances of a case. The thesis is stated that problems in Ukrainian law enforcement practice can be solved only with the professionalism of Ukrainian officials

The effectiveness activity of law enforcement bodies and other structures associated with the embodiment in practice of scientifically based methods, techniques, tools and means of prevention, investigation, detection and disclosure of criminal offenses. In our opinion, the most favourable of these directions currently intended to be the use of psychophysiology knowledge in criminal proceedings. The methodology of psychophysiological diagnostics include individual specific methods of studying human physiological characteristics, treatment, research and evaluation of the results. Methods of forensic examination determined on branch level. Currently, the issues of forming a new approach to psychophysiological examination as specialized research in psychology and physiology are actualized. As during any forensic examination and during the psychophysiological examination the principles of legality, objectivity, independence and complete investigation are mandatory. Psychophysiological examination is a tool, regulated by the Criminal Procedure Code within criminal proceedings for the establish of circumstances of criminal events that took place. Psychophysiological examination is a specialized research, conducted by forensic expert, who applies scientific methods in psychology and physiology. The purpose of psychophysiological examination is obtaining the opinion which will be used as evidence in criminal proceedings, after proper study by the investigator / prosecutor / court. The main objective of psychophysiological research conducted during criminal proceedings is to investigate physiological mechanisms of psychological processes, conditions and behaviours on the system, neural, synaptic and molecular levels to obtain an opinion on the nature of their origin, development and impact.

The article is devoted to the analysis of issues of observance of the right to defense at pre-trial proceedings. On the basis of analysis of ECHR practice, provisions of Criminal Procedural Code of Ukraine, judicial practice, it is proved that not serving a copy of motion to extend time limits of pre-trail investigation on suspect and his defense counsel by investigator or prosecutor who supervises the compliance with law in the course of the pre-trial investigation is a violation of right to defense, principle of reasonable time and adversary and freedom to present their evidence to the court and prove the preponderance of evidence before the court as in that case defense finds itself at a disadvantage compared to prosecution. Not serving a copy of the motion on suspect and his defense council by investigator or prosecutor who supervises the compliance with law in the course of the pre-trial investigation should bring criminal sanctions with it in the form of repealing the decision and to declare all pieces of evidence inadmissible that were collected after extending time limits of a pre-trail investigation. Extending the limits of a pre-trail investigation may require changing the defense tactics. It is stated that during a trial defense counsel should make a motion for declaring all pieces of evidence inadmissible that were collected after extending time limits of a pre-trail investigation in case of not serving or delayed serving a copy of the motion on suspect and his defense counsel by investigator or prosecutor who supervises the compliance with law in the course of the pre-trial investigation.

The article is devoted to the problem of normative and substantive content of the standard of impartiality of investigation by the investigator, the prosecutor of the circumstances of criminal proceedings. Objective investigation is one of the necessary conditions for a fair trial in the sense given by the European Convention on Human Rights and its enforcement. Due to estimated nature of the category of impartiality, the CPC does not provide a comprehensive list of its criteria. The analysis of law enforcement practice, in particular, the justification of investigating judges procedural decisions about challenges of the investigator and the prosecutor, indicates that such circumstances may be: the illegal actions of the prosecution participators during the pre-trial investigation; ignoring the demands of the defence participators, creating obstacles for the realization of the rights of defence, numerous violations of the law requirement about three-day term to consider the petition of the defence participator in accordance with article 220 of the CPC and to take one of the procedural decisions, prescribed by law, etc. The article considers only on several most commonly known on practice facts of the prosecution participator activities, which are negatively evaluated by the defence participators (defined as manifestations of investigator and prosecutor impartiality). These include, in particular, the facts of repeated prosecution participator acts or procedural decisions, such as: appeal from the same reasons to a court with a petition for the removal of a suspect from a position and applying a preventive measure; ignoring applications of individuals and / or legal person to recognize them as victims in criminal proceedings; ignoring the petition of the defence regarding the return of the temporary Take-Over Property, that hasn’t been seized by investigating judge.

Today the question of the investigation of certain elements of the forensic characterization of crimes in the field of construction is extremely urgent, as the results of the latter can be used by employees of practical units of law enforcement agencies in order to effectively organize their work on the investigation of criminal proceedings concerning crimes in the field of construction. The analysis of the main structural elements of forensic characterization as a component of the forensic methodology for investigating crimes in the field of construction is the key to effective disclosure and investigation of crimes in the field of construction, since the introduction and adaptation of scientifically grounded countermeasures developed in the course of research into practical activity always has a positive result. The situation of crimes against property in the field of construction is an element of forensic characterization, which is complex. It is not limited to the material environment in which the criminal plan is implemented, but structurally and substantively includes such phenomena as the place and time of the crime, the particulars of storage, transportation of building materials, the sale of material assets, financial transactions, control and accounting of goods, raw materials, Products, other values and money, organizational level of economic activity, qualification of management, features of accounting, reporting, organization of protection of the construction site and throughput System. All elements of the forensic description of crimes in the field of construction are extremely important in the context of counteraction to the crimes under investigation. It is imperative to pay attention to them during the investigation of all categories of crimes in the field of construction, since the construction industry is extremely multifaceted and includes complex interconnected processes of financial, material, documentary circulation, each of which is characterized by its inherent features, laws and Gaps in legislative provision. Knowing them, criminals commit crimes, which by their very nature are complex, well thought out and documented «protected». Therefore, without knowledge of the specifics of conducting settlement operations, keeping records, accounting rules, norms of the construction industry, rules and procedures for the implementation of certain construction processes, law enforcement officers will not be able to effectively and efficiently counteract crimes in the field of construction. Even the theft of building materials, equipment, tools, etc. requires a special approach, since the subject of a criminal offense is also special, and, knowing the details of forensic characteristics, law enforcement officers can actively disclose hot pursuit of crime, working with the public and the public, organizations of different types.

It is studied the origins of the investigative activities mentioned in the Russian Empire Code of Laws in 1857. The study of these activities content shows that its goal is to search of the information about the crime, the research and the necessary information acquisition. It is analyzed the scientists opinions about the definition of specific internals and characteristics allowing to mark the investigative activities between the other procedural acts. The author has a shot to analyze the practicability to use the modified term «operational (search) activities» in the Criminal Procedure Code and shows the not full accordance to the cognitive aspects of these activities. It is notified that there isn’t a term «operational (search) activities» in any Criminal Procedure Codes studied by the author and it is supposed to use a term «investigative activities» in the legislation, the theory and the practice. It is drawn attention to the application of the procedures and methods of the operational search activities directed on the surreptitious obtaining of information for the criminal proceeding to have the information about the investigation of the heavy and especially grave crimes committed by the secret and disguised ways usually organized by the criminal groups with corrupted contacts.

There is considered in the article a very narrow question relating to the actions of witnesses with their participation while investigative (search) actions are conducted. It was given the author’s concept of who can be a witness, the status of a witness, his/her rights and duties were analyzed. There were reviewed some examples of active participation of the witnesses in the investigative actions. So it was proved that a witness can not only observe the actions of the investigator and operational officers but at their request to assist them in the conduction of the investigative (search) actions in which he/she was involved. There are made some propositions to the Supplement of article 3 of the CPC of Ukraine p. 15–1 and a proposition of addition to the new CPC of Ukraine article 68–1, concerning the rights and duties of the witness with the fixing in it the ability of a witness (with his/her consent) to the legitimate request of the investigator to take an active part in the investigation actions.

The article is devoted to research of the legal order of the use of information obtained from the Internet, in the criminal procedural proving. It was determined that the Criminal Procedural Code of Ukraine does not provide a legal identification and recording of information from web pages the access to which is not restricted by the system’s owner, possessor or keeper, or is not related to circumventing a system of logical protection. The receipt of such information cannot be accessed by removing Collecting information from electronic information systems, because the procedure for identifying and fixing such data are not associated with overcoming the protection of information from interference by other persons, and therefore not to the essence of covert investigative (detective) actions. This type of information should be identified and recorded by conducting such investigative (search) actions, as inspection. Analysis of judicial practice gives reason to conclude that the prosecution inspects the content of web pages during the pre-trial investigation, despite the fact that the criminal procedure code of Ukraine does not provide a procedure for this operation. The adversarial nature of criminal proceedings necessitates to provide the right of defender to inspect web pages the access to which is not restricted by the system’s owner, possessor or keeper, or is not related to circumventing a system of logical protection. The course and results of inspection of web pages shall be entered in the record. Therefore, it is necessary to give the defender the right to make the record. Inspection of web pages shall be accompanied by continuous video recording. Investigator, prosecutor, defender must provide a printed web page and its screenshots on an electronic device to record of inspection

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The article considers topical issues of cooperation between Ukraine and international judicial institutions in the framework of criminal proceedings. Analyzed the concept of «international judicial body»,»international judicial institution», «the international Tribunal», «the international court of justice» and it was concluded that there weren’t any significant differences, from criminal procedure perspective(which take place from the standpoint of international law), and that all bodies are elements of the system of international criminal justice(or justice).In addition, it is proposed to use in criminal process the General notion of «international judicial institutions» ? court or other body which has similar powers for the implementation of the criminal justice, established under the international Treaty or decision of an international organization(which member is Ukraine), the consent to which jurisdiction provided by Ukraine in the established order. It is proposed to develop and adopt special Law of Ukraine, which will regulate the procedure of cooperation with international judicial institutions(also with International Criminal Court) to enforce the provisions of the relevant international treaties

Informatization of social life objectively affects the peculiarities of the criminal process. In particular, this applies to such an important category as the source of evidence. According to Art. 84 of the CPC of Ukraine, evidence in criminal proceedings are factual data obtained in accordance with the procedure provided for in this Code, on the basis of which an investigator, a prosecutor, an investigating judge and a court determine the presence or absence of facts and circumstances that are relevant to the criminal proceedings and are subject to proof. The procedural sources of evidence, the current legislation recognizes evidence, material evidence, documents and expert opinions. On the criterion of criminal proceedings electronic displays are similar to substantive evidence. Electronic display can exist in various forms, in particular: the named area of data – ?a file; An array of data with a unique Internet address – ?a site; Collection of systematized data – ?database; A combination of computer instructions and data – ?a computer program; Information exchange tool – messenger and the like. It can be static (file) or dynamic, variable (web site, chat, traffic). However, in any case, the main property of electronic display remains its integrity, systemicity, structuring. It is perceived by man as a single holistic object, the content of which is certain information that can be used as evidence in a criminal proceeding

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In the article, the author, based on the results of an analysis of the provisions of the current Criminal Procedural Code of Ukraine, the Law of Ukraine «On the Status of People’s Deputy of Ukraine» and the Rules of Procedure of the Verkhovna Rada of Ukraine, Investigates the procedure for obtaining the consent of the Verkhovna Rada of Ukraine to bring the people’s deputy to criminal responsibility and to conduct criminal proceedings against people’s deputies. It is noted that in the case of obtaining the consent of the Verkhovna Rada of Ukraine to bring the people’s deputy of Ukraine to criminal responsibility, the General Prosecutor of Ukraine (Acting General Prosecutor of Ukraine) should immediately, on the same day, not later than 24 hours, draw up and submit to the people’s deputy of Ukraine a statement of suspicion, and in the case of impossibility of such a service – ?in the manner provided by the CPC of Ukraine for the delivery of communications (sending by mail, e-mail, fax, etc.). Taking into account the recommendations of the Venice Commission and critically assessing the current level of corruption in Ukraine, as well as taking into account the best practices of developed democratic countries, the author justifies the need to lay down Part 3 of Art. 482 CPC of Ukraine and Part 2 of Art. 27 of the Law of Ukraine «On the Status of People’s Deputy of Ukraine» in the following wording: «Search, detention of a people’s deputy of Ukraine or inspection of his personal belongings and luggage, transport, residential or office premises, as well as violations of the secrecy of correspondence, telephone conversations, telegraph and other correspondence and the use of other measures, including secret investigative (search) which according to the law restrict the rights and freedoms of the people’s deputy of Ukraine, is allowed only if the Verkhovna Rada of Ukraine has been given the consent to bring him to criminal liability, except for cases of detention of a people’s deputy of Ukraine during the commission of a grave or especially grave crime or immediately after its commission, if it is impossible to obtain actual data in other ways».

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The paper is devoted to the research of problematic issues of determining the probative value of the results of polygraph examinations in criminal proceedings. An assessment of the conformity of the results of polygraph examinations provided by the parties to the court as evidence in criminal proceedings, must respond membership criteria, admissibility and authenticity is given. The systemic analysis of court decisions in recent years shows the ambiguity of domestic court practice in deciding whether the results of instrumental diagnostics of verbal information (polygraph examinations) can be evidence in criminal proceedings. There is no unambiguous decision in this issue in decisions of courts of appellate and cassation instances. It has been established that in spite of the clarity of the wording of the status of affiliation of evidence in criminal proceedings, in practice of law enforcement, when parties are trying to bring evidence in the criminal proceedings, including obtained using instrumental diagnostics (polygraph), which do not meet requirement of affiliation. It has been established that the absence of certified and properly documented polygraph research methods results in the absence of a single terminology in the notation of so-called forensic examinations carried out in criminal proceedings by polygraph examiners, and it is one of the main reasons why an expert’s conclusion drawn as a result of an instrumental diagnosis of verbal information, which is reported, is inadmissible in criminal proceedings. At present, the results of the use of the polygraph in the pre-trial investigation may have the proof of only the document and the testimony of a witness, subject to established requirements in legislation. The reliability of the results of polygraph research depends on many factors, such as: technical data of the hardware complex (polygraph), the methods by which the testing is carried out, the professional experience of the polygraph examiner, the observance of the research methods, and others

The article is devoted to research the basic directions of the procedural functions of the operational units of the National Police in criminal proceedings. The author identified that operational units can perform the procedural functions not only in the pre-trial investigation, but also at the trial stage of criminal proceedings material. The results of the analysis of statistics prove the low efficiency of investigation of criminal offenses in the present criminal procedure law, lack of qualified investigators and operatives of the National Police, during the execution of the tasks of criminal proceedings. These results are necessitating research of the procedural component of the operating units in modern terms of combating crime. Conducted a thorough analysis of the legal support of the National Police operatives on the performance of procedural functions in the pre-trial investigation and trial stages of criminal proceedings material. Attention is focused on the legal rules governing the implementation of the operational unit of investigation (search) operations and covert investigative (detective) acts on behalf of the investigator, the transfer of investigative material operational activities on the facts of criminal offenses participation of workers operating units to conduct specific investigative (detective) actions and measures to establish the location of the person sought. The author concludes that the existing rules are formulated not correct and do not reflect the full spectrum of operational units to be solved by them during criminal proceedings. Underlined the need to improve the criminal procedural law, in particular, the provisions of Part. 1 tbsp. 41 of the Criminal Procedure Code of Ukraine, which should completely provide the functionality activity of operational units in the criminal proceedings considering the tasks that they actually perform.

The article is based on an analysis of the current criminal procedure law, its application and special literature defines the concept of special pre-trial investigation and its functionality in criminal proceedings on corruption crimes in field of official activity and professional activities related to the provision of public services, proposed changes to the current Code of Ukraine, aimed at optimizing the normative legal regulation implementation and termination of special pre-trial investigation. In particular, it is proposed to define a special pre-trial investigation – ?is an extraordinary exercise of the pre-trial investigation, which is used in criminal procedural law provided evasion suspect from criminal responsibility by hiding from the investigation and trial, aims to provide evidence under preliminary investigation in the criminal proceedings with the standards of fair justice. Established that the functionality of the special pre-trial investigation is to provide prompt, full and impartial investigation and subsequent trial by gathering evidence in criminal proceedings in terms of counteracting the investigation of the suspect in the form of evasion of the suspect from criminal responsibility by hiding from the investigation and of the court and ensure the right of a suspect to defense through the implementation of its procedural rights during pre-trial investigation by the defender. Criminal procedural law proposed to supplement the rules, which provide for duty investigating judge in ruling on the implementation of the special pre-trial investigation noted that this decision shall be terminated in cases of arrest authorized officer a suspect who was declared wanted, or voluntary appearance before pre-trial investigation and the prosecutor supervising the procedural guidance in the form of pre-trial investigation, to bring information to the Unified Register of pre-trial investigation to terminate criminal proceedings in a special pre-trial investigation

The paper addresses the issue of the legal analysis of crimes against the Christian faith, which are provided for by the law of the Byzantine Empire. Basing on the contents of the primary sources of law of the Roman and Byzantine Empires, namely the Theodosian Code, the Code of Justinian, the Eclogues, Prokhiron, the Epanagoge, the Basilica, the Nomocanon, certain types of canonical offences have been analyzed and classified into nine separate groups. Under the provisions of the Theodosian Code, acts aimed at violating the rules of the Orthodox doctrine and the church order, approved by The First Council of Nicaea were considered crimes against faith. One of the main types of this category of crimes was the belonging to prohibited non-Christian religions, i.?e. to Paganism, Judaism, Manichaeism and Samaritaism. Close, yet another type of crime against faith is apostasy – ?the renunciation of Christian dogmas and practice of prohibited religions after the sacrament of Holy Baptism. The third group of crimes against faith, pursued by the Byzantine law, includes heresy, i.?e. spreading of theological ideas that contradict the principles of the church order and church canons approved by the Ecumenical Councils. Under the provisions of Roman-Byzantine law, contempt of worship, i.?e. actions aimed at breaking into the church and dishonoring its clergy, unauthorized interference in the worship service or its stopping, desecration of any religious rite, was considered to be a crime. The next type of crime against faith is defined as blasphemy, i.?e. the desecration of the grave or other burial place, namely actions aimed at damaging the body of the deceased, destroying or robbing tombs etc. The sixth group of crimes against faith includes witchcraft, which implied the knowledge and ability to use the forces of nature to achieve any goal. Sacrilege is the act, aimed at stealing church property. Stealing the church altar was qualified as aggravating circumstances of a crime. These acts are classified as the seventh group of crimes against faith.

The article focuses on the problem of failure by law-enforcement bodies of constitutional and legislative requirements to ensure legal protection of property in Ukraine by subjective refusal to initiate criminal proceedings until the potential victim did not prove the fact of infringement on his/her property. On the basis of summarizing the results of the expert survey of investigators of pre-trial investigation agencies and district police officers of the National Police of Ukraine, administrative and criminal proceedings materials on another’s property stealing, conclusions after citizens’ appeals there are suggestions for improving legislation and practice of its application. The author has established that such problems are caused exclusively by the new order of application of the criminal law rules that introduced in late 2012. In this regard there is the question about the urgent need to create working groups to develop amendments or new versions of criminal procedural as well and criminal substantive law, but together, so that changes occurred simultaneously. It should put the question of revision of the new Criminal Procedural Code of Ukraine, but this do not permit potential criminals and their lawyers, because for them it is ideal, while the prosecution part is alone with a bunch of unsolved problems. He has proved that the prospects for future research are to further study real problems of law-enforcement to develop effective recommendations for necessary amendments to legislation as well as practice of its application. Such changes and recommendations should refocus law-enforcement and judicial bodies to not quantitative performance, but to the reduction of crime. The subjective sense of security of each of us has to become a major indicator of the functioning of the criminal justice system

The article is devoted to the problems of applying the category of «strategy» in theory of criminalistics and operative-investigative activity, the define of the contents of the this concept and its applicability in these branch of science. The author identified that the category of «strategy» is used (interpreted) in the scientific literature too freely and without its etymological meaning. The results of the statistical analysis demonstrate a low efficiency of investigation of criminal offenses in modern conditions, lack of qualified investigators and operatives of the National Police, low mastery of their provisions theories detection and investigation of crimes. These results are necessitating research the categories of criminalistics science and operative-investigative activity, in particular of «strategy». Conducted a thorough analysis of the scientific literature in which authors trying to determine the place of strategy (strategic approach) within the pre-trial investigation (criminal proceedings). Attention is focused on the contradictory nature of these points of view of scientists and researchers. For the first time the author emphasized the need to correct application of the category «strategy» in the criminalistics theory and operative-investigative activity. The author analyzes the features of the strategy as a scientific category, borrowed from military science, and proves the failure allocation strategy in the structure of pre-trial investigation (investigation strategy). It is emphasized that the strategy can not exist within a single criminal proceedings or operational matter, because the strategy is conditioned and determined political purposes. It is proposed to select strategy as a separate category of operative-investigative activities, that determined in the long term senior management (the Ministry of internal affairs, the National Police), authorized to carry out operative-investigative activity

The person's procedure is a subject researched by scietists – ?representatives of different branches of the legal science, and thus? Is a studied question. However, a single layer of questions in criminal procedure in the part of the terminology, as well as improvement of the procedures, requires a deep understanding and studying. The term «extradition production» is a subject of specification, improvements – ?is a definition and procedural regulation stages of extradition production. In particular, we are talking about the its first stage – ?the publication of a person in the publication of a person in the international search. The legislator prescribed the procedures related to the implementation of international cooperation in criminal proceedings in details in the Code of Ukraine. However, some issues still remain outside its attention, and they have a procedural terminology. In particular, rework and improvement requires systematization and standardization and standardization of certain concepts, the introduction of the concept of «extradition proceedings» and processualization with a detailed regulation in the Code of Ukraine its first stage – ?ads a person in the international search, organize events, which can be used in its implementation, including safety. Under international search it is proposed to understand the system of procedural and other measures determined and procedurally regulated by criminal procedure law, carried out by the competent authorities to identify persons who are suspected in a criminal offence or in respect of which rendered a guilty verdict, or other purposes as required by applicable law. Under the extradition proceedings it is proposed to understand certain procedural criminal law procedure of issuing (extradition) persons consisting of steps ordered totality proceedings and in particular with a view to holding a person criminal liability and enforcement of the sentence of foreign country court. Stages of extradition proceedings: 1) declare a person in a international search; 2) an official request for the installation location in the Requested State of the person who will be required to issue; 3) decision on the request; 4) appeal against the decision on the request; 5) the actual transfer of the person whose extradition is requested under the jurisdiction of the requesting State

The author writes about legal status of the institute of the Special Prosecutor in the USA and Ukraine and explores the idea of creating the institute of Public Prosecutor according to the Ukrainian draft legislation. The issue of bringing to justice of people with special social status is relevant in Ukraine. Domestic practice has a significant number of controversial criminal cases, where in public opinion perpetrators are not brought to justice in connection with the ability to influence the course of criminal proceedings. The paper gives the review of different historical stages of the special prosecutor history in the USA. The author makes a comparative analysis of the legal status of American and Ukrainian institutes. He concludes that there is no legal equivalent of the US special prosecutor in Ukraine. According to the Constitution of Ukraine and the Regulations of Ukrainian Parliament special prosecutor and investigators in Ukraine have a narrow scope of powers and are involved only in the special temporary investigation commission in the process of impeachment of the president. The idea of the introduction of a public prosecutor in the proposed form can create conditions for the emergence of a significant number of public prosecutors, that could be any person with different intentions including not always honest. The institute of Public prosecutor can cause instability in criminal proceedings, and therefore author believes that draft legislation needs improvement. Thus, qualitative researches of foreign experience in the administration of justice on the area of socially significant resonant criminal cases connected with the conflict of interest is relevant and necessary. The author believes that the long historical experience of the institute of special prosecutor is a significant area for further researches.

The article is devoted to the analysis of issues of property attachment. In order to improve normative regulation of preliminary property attachment it is proposed to: create a possibility to enforce a property attachment upon investigator’s resolution approved by public prosecutor in criminal proceedings in respect of grave or especially grave crimes regardless of generic investigative jurisdiction in compliance with provided mechanism of subsequent court supervision of the property attachment; to define more precisely the mode of preliminary property attachment depending on its purpose, viz.: deprivation of rights of alienation, disposition and/or enjoyment of property – ?in case of ensuring physical evidence and deprivation of right of alienation and disposition of property – ?in case of ensuring of possible confiscation or special confiscation of property, along with compensation for damages caused by criminal offense (civil action) or recovery of improper benefits from legal entity. For assessing the presence of urgent circumstances to enforce a property attachment one should proceed on the fact that urgent circumstances take place in the presence of real and confirmed threat of operative concealment, damage, spoiling, obliteration, change, alienation of property that cannot be removed before taking a decision on property attachment in a general way. Besides, powers of operational units should be defined more precisely by supplementing Article 41 para. 1 of the Criminal Procedure Code of Ukraine with a provision to assign the conduct of detective actions to operational units. To ensure rights of property owners to object to arguments in a motion for attachment of property it is proposed to supplement Article 171, para. 1, of the Criminal Procedure Code of Ukraine with a provision: ’a suspect, accused, other property owner or its defense counsel, legal representative, representative should be provided with a copy of a motion for attachment of property with supplements before the beginning of consideration of the motion except for cases of securing physical evidence. In a case of filing a motion for the attachment property to ensure civil action by a civil plaintiff the obligation to provide a copy the motion with supplements no later than three hours before the beginning of consideration of the motion lies on an investigative judge, court’.

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Today, the crime of evasion from draft for term military service, military service on draft of officers is particularly dangerous, since the violation of the order of recruiting the Armed Forces of Ukraine undermines the army’s power and strength, which in turn gives the «green light» for aggression by terrorist groups or aggressor countries. The subject acts as the architect of the crime, therefore, the study of the person of the deviator (in our opinion, it is advisable, regarding the title and content of article 335 of the Criminal Code of Ukraine, to use this very journalistic term in the science of criminal law) is not only important, but also necessary to understand the depth and meaning of this crime, to deal with possible gaps and collisions, to propose amendments to the current legislation. The purpose of this study is to identify the subject of evasion from draft for regular military service, military service on draft of officers.

The article explores the features of the beginning of pre-trial investigation of breaches of privacy, witch is based on the analysis of scientific sources, statements of the criminal procedural legislation of Ukraine, materials of investigative and judicial practice. The beginning of a pre-trial investigation of violations of privacy of a person has certain features that are due to the specific nature of the subject of a direct criminal offense, the methods of committing this crime (collecting, storing, using and disseminating confidential information about a person with the violation of the procedure witch is established by the current legislation of Ukraine), his high latency witch is conditioned by a variety of ways to conceal a crime. One of the peculiarities of the beginning of the pre-trial investigation of violations of privacy is the adoption of communications and applications containing information about the source of information by authorized persons. Criminal proceedings of violations of privacy may not be initiate by the applicant’s guesses and assumptions. The offender confronts confidential information of a person (information with restricted access) in violation of privacy. Therefore, authorized persons can not be sure of the fact of committing a crime when they accept a statement,. Due to the limited size of the article, the features of the start of pre-trial investigation of violations of privacy are not fully disclosed and need to be clarified.

Based on a systematic analysis of scientific forensic literature, provisions of the current criminal procedural legislation of Ukraine, materials of investigative and judicial practice the author of article explores the features of the method of committing robbery with penetration into the dwelling as an element of their forensic characteristics. Today, in scientific literature scientists express different thoughts and approaches to the definition of the concept of a crime commitment (the method of crime commitment), it’s structures and correlation with other elements of forensic characteristics. Based on the analysis of investigative and judicial practice, we have identified three independent but interrelated structural elements of the method of committing the robbery, namely: the way of preparation, immediate execution and the method of concealment.