Examination in criminal proceedings: main problems and ways of their solution

Abstract

The article, based on the analysis of current criminal procedural legislation, scientific sources, as well as the practice of conducting investigations in criminal proceedings, singles out the main problematic aspects of this investigative action and suggests ways of their possible solution. Emphasis is placed on the fact that the legal regulation of education within the limits of Art. 241 of the Criminal Procedure Code of Ukraine in certain provisions needs improvement due to insufficiently clear and unambiguous wording of some positions, which causes certain complications in their implementation in practice. Attention was drawn to the narrowed formulation of the purpose of study in Part 1 of Art. 241 of the Criminal Procedure Code of Ukraine, which may lead to the recognition of the evidence obtained as a result of this investigative action as inadmissible, because in addition to the goal of finding traces fixed in the norm, investigators in practice carry out their fixation and extraction. The prosecutor's exclusive authority to make a decision on conducting an investigation is recognized as a drawback, since this procedural mechanism from the point of view of practical implementation causes a significant loss of time, and in practice, an investigation often requires an urgent and urgent implementation. The problematic aspects of investigation related to conduct of this investigative action with the use of coercion against person under investigation, the implementation mechanism of which in some parts does not ensure compliance with procedural guarantees of individual rights, have been studied. In part of study of the proposal of some scientists regarding the possibility of establishing during the examination the presence of a person in a state of alcohol intoxication, it was determined that the establishment of the state of a person's body (in particular, intoxication, narcotic excitement, etc.) requires the use of special knowledge and should be decided by conducting a forensic examination examination, and not during examination. Emphasis is placed on the problems of the procedural design of the examination conducted by other subjects (expert, doctor), in cases when investigator cannot be present during the investigation. Based on the proposals made by scientists, ways of solving the above-mentioned problems are summarized.