Юридичний часопис Національної академії внутрішніх справ (Mar 2023)
Peculiarities of Serving Notice of Suspicion to Person Staying in Temporary Occupied Donetsk and Luhansk Regions
Abstract
The purpose of the article is to analyse the peculiarities of legal regulation of serving the notice of suspicion to a person whose location has been established, who resides and/or stays in temporary occupied Donetsk and Luhansk regions, as well as establishment of current theoretical and practical problems in serving a written notice of suspicion to a person located in temporary occupied Donetsk and Luhansk regions. Methodology. In view of the said aim, specificity of the object and subject of the research, the methodological tool has been chosen. During the research, a system of methods of scientific cognition has been applied: the formal logic (abstraction, analogy, deduction, induction, synthesis) – to study the content of the matter under consideration; the systematic analysis – to outline directions of improvement of criminal procedure legislation of Ukraine; the theoretical approach – in the process of study of scientific, educational and methodological literature. The scientific novelty consists in the systematic analysis of the criminal procedure legislation of Ukraine, taking into account the requirements of international treaties, the consent to binding force of which has been granted by the Verkhovna Rada of Ukraine, as well as determination of theoretical and practical problems, which, if not solved, may lead to non-compliance of the procedural activity of the prosecution when serving a written notice of suspicion to a person who resides and/or stays in temporary occupied Donetsk and Luhansk regions, with the objectives of criminal proceeding and the warrantees set out by the international treaties. The ways of solving the given practical problem have been suggested. Based on the results of the conducted research, the following conclusions have been drawn: 1) since the obligation to serve a written notice of suspicion, as an integral part of notifying a person of suspicion, is entrusted with the prosecution, after establishment by whom of the data on the person's location, residing and/or staying in temporary occupied Donetsk and Luhansk regions, it is the obligation of the state of Ukraine to take all available measures to promote and protect the rights of its citizens being temporary beyond its control, by applying the provisions of Section IX of the Criminal Procedure Code of Ukraine by an investigator, prosecutor; 2) when the prosecution establishes data on the person’s location, who resides and/or stays in temporary occupied Donetsk and Luhansk regions, an investigator, prosecutor undertakes to apply to the Russian Federation for international legal assistance, for carrying out the relevant procedural actions, namely, serving a person with a notice of suspicion, as at present the Russian Federation exercises «effective control» over the temporarily occupied territory of Ukraine, in connection with which it is obliged to guarantee the implementation of Article 1 of the Convention; 3) the procedure for serving a notice of suspicion to a person located in temporary occupied Donetsk and Luhansk regions requires legal improvement by means of making the relevant amendments to the Criminal Procedure Code of Ukraine or specials laws. Herewith, the case law of the European Court of Human Rights and requirements of international treaties, the consent to obligatory force of which shall be granted by the Verkhovna Rada of Ukraine, must be taken into account.
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