Receiving by the exposer of corruption information about the state of the pre-trial investigation initiated by his statement or message

Abstract

The article analyzes certain provisions of current legislation and judicial practice in order to clarify the content of the definition contained in Part 3 of Article 60 of the Criminal Procedure Code of Ukraine "the state of pre-trial investigation." This goal is conditioned by the norm of the Criminal Procedure Code of Ukraine which states that an applicant who is a whistleblower (in addition to the possibility: to receive a document confirming acceptance and registration of his application from the body to which he applied; to obtain an extract from the Unified Register of pre-trial investigations; to add items and documents in confirmation of his application; to receive information on the completion of the pre-trial investigation) has the right to receive information on the state of pre-trial investigation initiated by his application in the manner prescribed by the Law of Ukraine 1700-VII "On Prevention of Corruption" of October 14, 2014; as well as due to the lack of official interpretation of this provision, scientific research and ambiguity of case law. An analysis of the Regulations on the Unified Register of Pre-Trial Investigations proved that the content of the term of "state of pre-trial investigation" should not be equated with information outlining the state of continuation or completion of this investigation, because the legislator granted the whistleblower compared to the applicant a privileged position to obtain information about the pre-trial investigation (Part 3 of Article 60 of the CPC of Ukraine, paragraph 13 of Part 2 of Article 53-3 of the Law of Ukraine № 1700-VII of 14 October 2014), we reasonably conclude that this information is not covered by the data contained in the extract from the Unified Register of Pre-trial Investigations. Key words: applicant, whistleblower, criminal proceeding, state of pre-trial investigation, extract from the Unified Register of pre-trial investigations.