It is noted that one of the conditions for the effective pre-trial investigation of criminal offenses of this category is the proper provision of evidence by the investigating judge during the consideration of petitions for conducting investigatory (search) and secret investigatory (search) actions, including during the consideration of petitions on conducting a search in pre-trial investigation regarding acceptance of a proposal, promise or receipt of an unlawful benefit by an official. It is concluded that the procedure for obtaining a permit for the use of such a investigatory (search) action to obtain evidence as a search of a dwelling or other possession of a person in a criminal proceeding for a party of defense and a party of the charge is conceptually different. For the party to protect the procedure for obtaining a permit to conduct a search of a home or other property of a person is much more complex and long-term, as authorized parties of the parties to the defense are deprived of legal capacity to apply to the investigating judge with a petition for a search of housing or other possession of the person. It has been argued that consideration of defense petitions for conducting searches for housing or other property of a person, as well as other investigation (search) actions, should be carried out not by the investigator or the prosecutor, but directly by the investigating judge. Attention is paid to the controversial nature of the Laws of Ukraine «On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Justice of Ukraine and other legislative acts» of 10.03.2017 ? 2147-VII and «On Amendments to Certain Legislative Acts on Ensuring compliance with the rights of participants in criminal proceedings and other persons by law enforcement agencies during the pre-trial investigation «dated November 16, 2017, No. 2213-VIII. The implementation of certain provisions of the relevant laws will create some difficulties in ensuring the effectiveness of providing investigative judges with evidence when considering petitions on conducting a search in a pre-trial investigation of accepting an offer, a promise or obtaining an unjustified benefit by an official. The author shares the opinion expressed in the scientific literature regarding the legalization in Article 234–1 of the Criminal Procedural Code of Ukraine «Person search» and proposes to expand the list of grounds according to which it was allowed to conduct a search of a person without the order of an investigating judge

The article is devoted to the problems of legal regulation background check of criminal offenses in the early pre-trial investigation, the existence of gaps in the legislation of Ukraine and analysis of certain provisions of international law in accordance with legislative acts of Ukraine. The presence of gaps and non-refinements in the current legislation should be an impetus for the creation of new regulatory legal acts and the improvement of the norms of the current legislation. In addition to the availability of existing laws in the country needed a real opportunity to use them in practice employees of the National Police, which charged with the protection of fundamental rights and interests of citizens, their life and health, and public order and safety. the analysis of acts, legislative acts of Ukraine, department normatively-legal acts is carried out. The article deals with issues related to the procedural activities of the bodies of pre-trial investigation and authorized officials at the beginning of the pre-trial investigation at the check of applications and reports of criminal offenses committed. Discussion questions regarding the abolition of the stage of criminal proceedings and the commencement of a pre-trial investigation, as well as the content of the stages of the commencement of criminal proceedings. Every stage of criminal process is characterized by the tasks and aims, by totality of judicial relations, wide circle of subjects that enter inter se into relations, and acceptance of final decision. But, in spite of abolition of the stage of laying an action, during test of information about criminal offences to bringing of information to Only register of pre-trial investigations authorized official persons get information about perfect criminal offence, they are got by the wide circle of persons that execute different functions and are of interest different parties. At the beginning of pre-trial investigation at verification of statements and reports an investigator, operative subdivisions, declarant, victim, specialist, also persons, that any circumstances that is subject to finishing telling during criminal realization can be known, take part about criminal offences. Will mark that every stage of criminal process is characterized by the tasks and aims, by totality of judicial relations, wide circle of subjects that enter inter se into relations, and acceptance of final decision. At the beginning of pre-trial investigation at verification of statements and reports an investigator, operative subdivisions, declarant, victim, specialist and also persons, that any circumstances that is subject to finishing telling during criminal realization can be known, take part about criminal offences. But, in spite of abolition of the stage of laying an action, during test of information about criminal offences to bringing of information to of the Unified Register of pre-trial investigation authorized official persons get information about perfect criminal offence, they are got by the wide circle of persons that execute different functions and are of interest different parties. To our opinion, for the facilitation of consideration of theoretical material beginning of pre-trial investigation can be conditionally divided into the next stages separate from that have optional character: 1. An acceptance of statements, reports and primary information is about criminal offences. 2. Registration of statements and reports about criminal offences and preparation are to realization of inquisitional (of criminal investigation) actions. 3. Realization of urgent inquisitional (of criminal investigation) actions and acceptance of other measures, directed in support of or refutation of data that is contained in a statement or report, and collection of sources criminalistics meaningful information. 4. Bringing of information is to of the Unified Register of pre-trial investigation

This article considers the legal principles for conclusion and approval by the judge the plea agreements in juvenile criminal cases and the problems of their practical application, innovations of legal regulation of the plea agreements. An analysis of the statistical information of the number of sentences issued on the basis of the plea agreement in the period from 2014 to 2016 showed a significant decrease in their number by almost 10%. This article considers the question of the right of an advocate to initiate a plea agreement. The analysis of the court practice has shown that the impossibility of execution by minors agreed by the parties punishment; agreed by the parties punishment goes beyond the general principles of the sentencing; the terms of the plea agreement violate the interests of the juvenile accused; the refusal of a juvenile accused of the plea agreement are the most common grounds for refusal by the court in their approval of the plea agreement in juvenile criminal cases. Expressed necessity of a number of changes to the Criminal Procedure Code of Ukraine regarding the need to clarify some of its provisions, including the timing on harmonization of the specific terms of the guilty plea agreement. In the article were encouraged to amend the art. 469 of Criminal Procedure Code of Ukraine regarding the plea agreement in juvenile criminal cases.

The article is devoted to the research of the issue of relation between renewed provision of the Constitution of Ukraine and CPC of Ukraine regarding to functions and powers of the prosecutor within criminal proceedings. It is pointed that reconciliation between CPC of Ukraine and the changes made to the Constitution of Ukraine would require the shift in methodological and functional approaches to the prosecutor’s functions, head of pre-trial agency powers and significant transformation of the pre-trial investigation stage, private prosecution, and compensation of damage in criminal proceedings. It is proposed to provide in the CPC of Ukraine the notion of criminal proceedings as a unified to all forms of prosecution against which a person can defend itself and which is decided by a court; public prosecution as a prosecution which is upheld by a prosecutor; private prosecution as a prosecution which is upheld prospectively by a victim. In addition, the normative model of private prosecution needs transformation, the classic model of private prosecution should be brought back with the accurate list of exclusions regarding the possibility of their initiation by a prosecutor when the circumstances of the committed criminal offence require it and to point that in such case the prosecution is transforming into public. Due to the absence of prosecutor’s power to represent the interests of citizens in the Constitution of Ukraine the obligatory normative security of professional legal representation of a victim should be provided in the CPC of Ukraine as well as in the Law of Ukraine ’On free legal aid’ at least in the interest of citizens which, due to their physical condition, old age, incapacity or limited legal capacity, cannot protect their rights on their own

The consideration of the legal (juridical) grounds and of the actual conduct of cover investigative (search) actions, the propositions of the improvement of their legislative definition, the specifying the subjects of the adoption of procedural decisions on the conduct of cover investigative (search) actions are made on the basis of theoretical studies, the provisions of the criminal procedural legislation of Ukraine and the materials of the practice. The actual grounds of realization of secret investigative (search) actions are the availability of sufficient information in criminal proceedings, which indicate the possibility of reaching the goal of the relevant secret investigative (search) action. The legal grounds for conducting a cover investigative (search) action are: 1) investigation of a crime of the corresponding severity; the availability of such aggregate of factual dates, which allow the investigator, prosecutor, investigating judge to conclude that there may be actual evidence during the course of its conduct, which, according to the results of the inspection and evaluation, may be the content of evidence in criminal proceedings; the information about the crime and the person who committed it, can not be obtained in any other way; 2) the decision of the investigator, the prosecutor on conducting about cover investigative (search) action, and in cases provided by this Code – ?the decision of the investigating judge on the permission to conduct a cover investigative (search) action, made on the basis of the corresponding request of the investigator, prosecutor. It is substantiated that the investigators and the prosecutor are the subjects of the adoption of a procedural decision to conduct cover investigative (search) action

The Government of Ukraine lodged two declarations under article 12(3) of the Rome Statute accepting theInternational Criminal Court’s jurisdiction over alleged crimes committed on its territory. On 25 April 2014, the Prosecutor of the International Criminal Court opened a preliminary examination of the situation in Ukraine. During the preliminary examination stage there are no circumstances which could avoid such cooperation. At once Ukrainian Code of Criminal Procedure containes some gaps which could block coopertion at the stage of investigation and prosecution. In particular, national legislation allows cooperation between Ukraine and international criminal courts (tribunals) only if exist some international treaty which regulate such cooperation. But Ukraine and International Criminal Court didn’t made corresponding treaty. Parties can’t cooperate on the ground of the Rome Statute because Ukraine has only unilateral obligations with regard to the International Criminal Court.

This article is devoted to the preconditions for improving national legislation in the context of preventing violence against women and domestic violence. It is noted that main purposes of the Council of Europe Convention on preventing and combating violence against women and domestic violence are to protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence. The Convention is based on the understanding that violence against women is a form of gender-based violence that is committed against women because they are women

The author of the article shows some problematic issues of realization of criminal procedural guarantees of the prosecution party as the subject of obtaining evidence by using such instrument as the temporal access to things and documents in pre-trial investigation. It is noted that today among the practical workers there are cases of indicating in the petitions or in decisions on temporary access to things and documents by the executors the use of the appropriate instruments of obtaining evidence is indicated by the staff of the operating departments. It is substantiated that such practice of preparation and drawing up of petitions or decisions on temporary access to things and documents contradicts the legal principles of evidence. It is indicated that in most cases the execution by the operating departments of the orders of the investigator, the prosecutor for temporal access to things and documents becomes the basis for the statement by the defenders of petitions during the preparatory court proceedings or judicial review of the recognition of the results of the relevant procedural action by inadmissible evidence in criminal proceedings, since they are received in the manner not provided for by the CPC of Ukraine. It turns out that such situation negatively affects the effectiveness of the implementation of criminal procedural guarantees of the prosecution as a subject of evidence in the pre-trial investigation The author proposes to substantially expand the legislative boundaries of providing investigators, prosecutors with instructions for other procedural actions in criminal proceedings. It should be minded that operating departments in practice not only provide temporary access to things and documents, but also other procedural actions, in particular – ?temporary seizure of property, detention, report suspicion, etc. In this regard, it is proposed to amend the article. 36, 40, 41 and other articles of the CPC of Ukraine, provide for the right of the investigator, the prosecutor to assign operating departments to other procedural actions

Based on the study of the current legislation, by-laws and scientific sources, the main provisions for regulating the mechanism of reconciliation in the territory of Ukraine are covered. The problems that require attention of the legislator are displayed, and proposals for their elimination are presented.

The concept of «jurisdiction of court in criminal proceedings» and its relation with other legal categories is describes in this article. It has been established that the content of the jurisdiction of the court in criminal proceedings covers the concept of «competence», «authority», «function» and «jurisdiction» and is conditioned by the subject-functional and territorial features. On the basis of the established structural elements of competence, the concept of criminal-procedural competence of the court is defined. A conclusion is made on the identity of the concepts of «criminal-procedural competence of the court» and «jurisdiction of the court» in the event that the court implements the criminal-procedural functions of justice and judicial control. The relationship between the jurisdiction of the court and the criminal-procedural functions of justice and judicial control are revealed. The criminal-procedural functions by the court (justice) and the investigating judge (judicial control) is carried out within the limits of the jurisdiction established by law. The powers of the court are established by law and their volume should be sufficient for the administration of justice and achievement of the purpose of the criminal process in general. The Legal Jurisdiction Institute plays an important role in defining a competent court and ensuring access to justice and the right to a competent court. The uncertainty of the territorial criterion when differentiating the jurisdiction of the courts jeopardizes observance of the rules of jurisdiction and the protection of the rights of individuals. The problems of determination of territorial jurisdiction during t

It is noted that the Law of Ukraine «On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Judicial Procedure of Ukraine and other legislative acts» dated October 3, 2017, No. 2147-VII, the legislator tried to conceptually improve the procedure for the production of such vowel means of obtaining evidence as search for a home or other person’s possession and conducting an examination. Attention is drawn to the ineffectiveness of the introduction of new rules for determining the jurisdiction to deal with petitions on the search of dwelling or other property rights in law enforcement activities. Proposed provision of Part 2 of Art. 234 of the CPC of Ukraine should be worded as follows: «The search is conducted on the basis of a decision of the investigating judge of the local court, within the territorial jurisdiction of which is the relevant body of pre-trial investigation». Proposals for the amendment of the editorial of Part 2 of Art. 132 CPC of Ukraine: «The petition for the application of measures to ensure criminal proceedings, based on the decision of the investigating judge, shall be submitted to the local general court, within the territorial jurisdiction of which the relevant pre-trial investigation body is located.»

In the article it is examined stages of implementation into national criminal procedure the European features such as optionality. The author analyzes the norms of Ukrainian legislation and international legal documents regulating the realization of opportunity to dispose rights of parties of criminal proceedings. The author also draws attention to the practice of the European Court of Human Rights regarding the inadmissibility of restricting parties in the use of their procedural rights. The author examines the main legal acts adopted since Ukraine’s independence, which envisage the process of reform of criminal justice. It is analyzed concepts that guarantee the rights of participants of criminal proceedings particularly from the standpoint of the principles of optionality of criminal proceedings, adversarial nature of parties, victim’s rights, elimination of the indictment deviation in court activity, expansion of judicial control over restrictions of constitutional rights and freedoms during pre-trial proceedings and appeal of investigator’s and prosecutor’s decisions to court. The article focuses on the main problems of interpreting the content of optionality of criminal proceedings at the national legislation level and its relation with other principles of the criminal proceedings. The author analyzes the conditions and aspects of optionality of criminal proceedings in the operation of procedural supervisors (prosecutors) in accordance with the requirements of the current criminal procedural legislation of Ukraine. The norms of the Criminal Procedural Code of Ukraine are revealed to illustrate how the dispositive principle of the criminal process is implemented. At the same time, it is investigated compliance of the principles of national criminal justice with the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 based on examples of individual court decisions. It is emphasized that optionality of criminal proceedings is a democratic basis for the construction of a criminal proceedings. Its development testifies the establishment of a democratic state and the introduction of common European principles in the process of reforming of domestic criminal justice.

Personal autonomy as a system of individual rights and freedom to choose own way of life is one of the basic principles of criminal law, commonly interpreted as person’s capacity to act independently and take responsibility for own actions, as well as free will and freedom of choice. European Court of Human Rights usually emphasize principle of personal autonomy to demand respect for human liberty, for example, victim rights protection even in case of uncommon behavior, avoiding forced self-incrimination of suspect, assuring individual right to defend or represent himself or herself before the court in person or through lawyer of own choice, etc. Legal guarantees of personal autonomy in the criminal process, prescribed in the chapter «Principles of criminal proceedings» of the Criminal Procedure Code of Ukraine, are indirect and, therefore, are not sufficiently effective. Also, it leaves unresolved issue of interventions in the criminal process, e.?g. at public hearing, taken by autonomous agents (counteragents) such as activists, journalists, paralegals, private detectives, pressure groups, human rights defender organizations, etc. In this regard, it is proposed to amend criminal procedure law to include personal autonomy into principles of criminal proceedings and prescribe that the court or investigating judge by the application of concerned person or by own initiative makes a motivated decision to ensure respect for personal autonomy, judging as lawful or unlawful concrete practices of personal autonomy, related to criminal proceedings, also establishing lawful ways to realize rights, duties and interests for free choice of the person

The article is devoted to the analysis of the provisions of the criminal legislation of the RSFSR, the USSR, the USSR and the Ukrainian SSR, which were applied on Ukrainian lands and provided for liability for the attack on the stock market. The provisions of these legislative acts included the following most typical types of encroachments on the stock market: forgery of securities, circulation, presentation, payment, transfer, acceptance, storage, transportation, import and sale of deliberately fake securities. Formulated conclusions regarding the stages of formation of the criminal-law protection of the stock market in the Soviet period. It is determined that the volume of such protection is determined by the volume of state interference in the stock market activity. The article analyzes the provisions of legislative acts, which include the specified types of attacks. The article analyzes the provisions on counterrevolutionary crimes (crimes against state security), state crimes, crimes against the order of management (administrative activity), economic crimes. On the basis of the analysis, conclusions are formulated on the content of criminal law, the compliance of criminal law with the financial interests of the state, the ways of satisfying such interests, the criminal-law protection of the stock market, its individual elements and historical stages. The conclusion is drawn on the dependence of criminal and legal prohibitions on economic reforms in the field of the stock market at certain historical stages

The article deals with the question of determining and systematizing the functions that the investigator implements during the pre-trial investigation. The additional arguments put forward earlier in the science of the criminal process are presented in favor of the fact that the criminal procedural activity of the investigator has a polyfunctional character; In the course of the activity the investigator implements both functions and dysfunctions; Avoiding a guilty person from criminal responsibility is not an investigator’s dysfunction. The question of the functional structure of the criminal procedural activity of the investigator was the subject of research in the science of the criminal process for more than one century. However, the functions of the investigator were considered either as the main directions of his activity, which led to the allocation of a small number of functions (investigation, prosecution, decision of the criminal proceedings), or as functions considered all the activities of the investigator, including those that have no procedural, or In general, it is a legal, character (criminological function, educational function, etc.). Meanwhile, the investigator’s activities «collapse» into a large number of areas, some of which are basic, while others are auxiliary or indirect. The existence of certain areas of activity is sometimes not even recognized by the investigator. Particularly relevant is the consideration of the question of the functions of the investigator in connection with the fundamental reform of the criminal procedural legislation in 2012 and the practice of five years of its application by investigators. The above proves the existence of a scientific problem, the content of which consists in the absence of new scientific results that reflect the current state of the functional structure of the investigator. The subject studied in this article is quite voluminous. For its complete elaboration it is expedient to carry out further research in the following areas: clarification of the issue of assigning a pre-trial investigation to the criminal procedural functions of other participants in criminal proceedings, in particular, the prosecutor, the officer of the operational unit and the detective; Investigating the role of investigating judge in the implementation of procedural functions in the stage of pre-trial investigation

This article tells about procedural meaning of service of notices of suspicion. So, a notice of suspicion is one of the most important procedural documents at the stage of pre-hearing investigation, and, process of providing in criminal proceedings is held with the help of procedural means to confirm or disprove rebut a person’s prosecution in committing a criminal offense. The document also provides person’s bringing to justice. In the article the ways of service of a notice of suspicion to a person are explored. If it is impossible to serve a notice of suspicion by a prosecutor or an inspector, such document is served according to the way provided for calling and taking a person to court (p 11 articles 135, 136 Criminal Legal Code of Ukraine (CLC)). It can be sent by mail, e-mail or fax, telegram or phoning (p. 1 article 135 CLC), when serving the document must be signed by an adult in the family or a person who lives with him/her, serving to a housing maintenance organization according to a place of residence or administration of working place. (p. 2 article 135 CLC). It is found out that service of a notice of suspicion must be provided by a prosucutor, an inspector or an attorney personally as the legal norm provides serving not handing over. To ensure providing keeping and protection of human rights ways of improving the institute of service of a notice of suspicion are offered in terms of legislation

The article describes the results of author’s research on the content of such an ethical principle of advocacy as a priority of client’s interests. Noted that the formation of the ethical principle of priority of client’s interests was the result of awareness of the legal community the fact that the sole incentive force of the professional activity of the lawyer can be solely the interests of the client. The main professional duty of a lawyer is the execution of lawful and ethically permissible commitments to the client. Based on the norms of international legal and domestic acts, guarantees of its implementation are outlined

In the article the author carried out the scientific analysis of some provisions of the new Civil Procedure Code of Ukraine through the prism of the European court of human rights, in particular in the context of the interpretation of the right to «court established by law» as an integral element of the right to a fair trial. Special focus on changing the emphasis on approaches to the definition of civil jurisdiction and the appearance of its new species. Expressed own position on legislative search for ways of preventing the «conflict» of court jurisdictions, and attention on the positive trends of modernization of civil procedural legislation. The conclusion about disputes with the price of a claim that does not exceed one hundred living wage for employable persons automatically fall into the category of minor cases and are to be considered only in the form of a simplified lawsuit. The summary is based on the analysis of the provisions of the new draft CPC. If we talk about the cases of minor complexity, we should mention that the question of assigning them to insignificant is the discretion of the court. (It is worthwhile to note that the definition of «insignificant complexity» is an appraisal category. The realization of such categories always has certain risks). The exceptions of this situation are cases, which 1) are to be considered only in accordance with the rules of general proceedings, 2) the price of a claim exceeds five hundred sizes of subsistence minimum for employable persons. It is noted, that the detailed regulation of civil jurisdiction by the criterion of the subject of the dispute indicates the attempts of the legislator to clearly define and thus differentiate the competence of courts of different specializations. Currently, civil disputes (in their broadest sense) are characterized by the complexity and stratification of various relations, which also causes controversy in the choice of a «competent» court. Therefore, it seems necessary to choose not to clarify the definition of jurisdiction, but to introduce the possibility and rules of alternative jurisdiction. This idea is developed by domestic researchers. In case of its implementation, it is able to guarantee the person the right to access to justice and to the «the court, which is established by law»

he paper reviews the specialization of prosecution units in Ukraine. The issues of this paper are actual due to the history of the prosecution in this country, which has examples of the formation of various types of specialized prosecution units. Such as (in Ukraine were created): transport prosecutor’s office (including specialized units at the sea, river, railways, air transport), environmental and environmental prosecutor’s office, special procurator’s offices on special (secrete) objects, labor prosecution units, the Pripyat special prosecutor’s office, special prosecution units in the penitentiary institutions, etc. Particular attention is paid to the nature of the specialization in accordance with the principles of management. The author notes that specialization is the characteristic of organizations, either they are profitable or non-profitable, public or private. The goal of their specialization is to increase the efficiency and productivity of the organization. It is confirmed by many well-known scientists who studied the management of enterprises and government agencies. The paper shows the vision of specialization by such world renowned scholars as Adam Smith, Henry Fayol, Max Weber. However, the author emphasizes that the level of specialization should be reasonable. The excess of the required level of specialization negatively effects on the efficiency of work. At the same time, well thought-out specialization directly increases the efficiency of work. The research indicates the internal specialization in the prosecutor’s office in Ukraine, for example prosecutors in the area of drug crimes. At the same time, there is a specialization of entire prosecution units. There are specialized military prosecutors, as well as Specialized Anti-Corruption Prosecutors, in addition to the territorial units in the prosecution system today. The author carried out a research of how the general principles of specialization are implemented in the prosecutors system of Ukraine. Special attention is paid to the advantages and risks of the specialization of the prosecution system. The researcher’s conclusion demonstrates that the risks of forming specialized prosecutor’s offices can be reduced, while many positive features of specialization are worth of their realization

The article is devoted to the study of the legal nature of gaps in criminal procedural law. Based on the analysis of monographic literature, the author’s classification of gaps is suggested, based on the negative consequences that arise because of the unsettled criminal procedural legal relations. In particular, the author singles out: (1) the gaps that negatively affect the definition of the legal status of participants in criminal proceedings, realization of their rights and procedural possibilities to influence the course and results of criminal procedural activities, and (2) the gaps that impede the administration of powers, aimed at achieving the task of ensuring a prompt, complete and impartial investigation and judicial review by the court, the investigating judge, the prosecutor, the investigator, the head of pre-trial investigation body and operational units of the authorities. The theoretically substantiated conclusions and suggestions concerning the possibility of applying an analogy to overcome the gaps in the criminal procedural legislation of Ukraine are presented.

The problem issues of the tactical and organizational principles of conducting cover investigative (search) actions at the initial stage of investigation of home invasion robberies were analyzed in the article, in accordance with the norms of the Criminal Procedural Code of Ukraine, other normative legal acts, data of investigative and judicial practice and scientific sources, The article contains some suggestions of the necessity of qualitative the organizational and tactical support for the conduct of cover investigative (search) actions. The effectiveness of the initial stage of the investigation of robberies committed with housing penetration depends to a large extent on the organization and tactics of the investigation. The effectiveness of the initial stage of the investigation of robbery committed with the penetration to house, largely depends on the organization and tactics of the investigation. The investigator is responsible for the organization and tactics of the investigation, additionaly, investigator is responsible for the reasonableness of the tactical decisions, wich were taken, since the criminal procedure of robberies was started. The specificity of the conduction of cover investigative operations is determined by the severity of this type of crime. The peculiarities of robberies and the specific conditions of their conduction are penetration into the home. In addition to, the article contains the issue of the decision to conduct cover investigative (search) actions. According to the Criminal Procedural Code of Ukraine such decision is taken by the investigating judge upon the request of the prosecutor or at the request of the investigator, agreed with the prosecutor, is discussed and argued.

The article reflects the results of two stages of scientific research: the most common (generic) attributes of falsification as a social phenomenon are identified; specific attributes of criminally punishable falsification are established. The normative content of the concept of «falsification» is investigated in various articles of the Special Part of the Criminal Code; it establishes its relationship with the content of other concepts that define identical or related phenomena – ?«falsification», «fake», «creation», «manufacturing (illegal manufacturing)», «deception» and others. The absence of systematic and unambiguous in the normative use of these terms is stated. The author’s vision of the correlation between the concepts of «falsification» – ?«forging» («fake») is suggested. The attributes and content of criminal-punishable falsification have been established, and its definition has been proposed. A criminal-punishable falsification is a socially dangerous unlawful manufacture (creation) of an object that, by form and/or content, differs from the genuine one, or changes (distortion) of this subject to provide him with new qualities committed for the purpose of issuing a falsified subject instead of the genuine, as well as the sale or use of such an item. Attributes of criminal-punishable falsification are the social danger and illegal behavior of a person. On the basis of the analysis of the norms in which criminal responsibility for falsification is established, it is asserted that the public danger of corresponding actions may be related to: a) the properties of the subject of falsification (for example, a counterfeit medicinal product – ?Article 321 (1) of the Criminal Code, falsified electoral document – ?Article 158 of the Criminal Code, or falsified evidence of the charge in the criminal proceedings – ?Article 372 of the Criminal Code); b) with socially dangerous consequences (for example, an obligatory condition for liability under Article 223 (1) of the Criminal Code is not simply the forgery of documents submitted for registration of the securities issue, but the resulting material damage to the investor as a result of such actions; c) falsification supplements another action within the same legal structure – ?when falsification (forgery) is a way of committing a certain type of prohibited behavior (for example, in Article 409 of the Criminal Code, forgery of documents is a method to evade the fulfilling of military service duties by serviceman). Illegality in the implementation of criminal-punishable fraud means the following: a) the act committed by the subject is described in the Special Part of the Criminal Code as a crime of a certain type (in some cases, acts of falsification may correspond to the attributes of crimes of various types); b) the act committed by the subject is not insignificant in the sense of Part 2 of Art. 11 of the Criminal Code; c) there are no circumstances excluding the crime of the act

The article is devoted to the coverage of the powers of the Court of Cassation in the Supreme Court in accordance with the Economic Procedural Code of Ukraine in the version of the Law of Ukraine No. 2147-VIII of 03.10.2017. The author argued the presence of both positive and negative changes in the scope and content of the powers of the court of cassation in the field of economic legal proceedings. The author focuses on the fact that with the adoption of the Law of Ukraine «On Amendments to the Constitution of Ukraine (on Justice)» of 02.06.2016, No. 1401–8, the powers of the court of cassation are narrowed, and the right of appeal is limited, since it is guaranteed only in the manner prescribed by law cases. The author argues that the provisions of the Constitution actually gave the legislator the right to set certain «filters» for appealing and reviewing court decisions by cassation court. The «filters» established by the new procedural legislation for the cassational judicial proceedings are determined. The concept of low-priority cases and criteria that should be guided by a court in solving the issue of assigning a case to a low-priority are analyzed. The author noted such procedural innovations of the cassation court as the possibility of repeated cassation proceedings and the suspension of the previously adopted resolution of the cassation court. The cases, in the presence of which insignificant disputes are still subject to consideration by the court of cassation instance, are determined. The author concludes that the establishment of the specified criteria of the cassation appeal is aimed primarily at reducing the burden on the court of cassation, and borrowed from the experience of European countries, criticizes such innovations and considers them premature, unfortunately, unlike the European countries, Ukraine has only started to increasing confidence in the judiciary, and limiting the powers of the cassation instance will not do this

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