PECULIARITIES OF THE PROCURATOR’S IMPLEMENTATION OF PROCEDURAL GUIDANCE

Abstract

The article considers the peculiarities of the prosecution of procedural leadership by the pretrial investigation during the criminal proceedings in the process of reforming the constitutional norms of legislation. Authors substantiated the independence of this institution and drew attention to the terminological differences in the Constitution of Ukraine and the Criminal Procedure Code of Ukraine regarding the implementation of procedural guidance by the prosecutor. The views of scholars on the problems of determining the legal nature of procedural guidance to the pre-trial investigation and the possibility of establishing some dominant positions in this regard are analyzed. The emphasis on solving problems related to procedural guidance, as well as on the basis of the opinions expressed by scholars, has come to the conclusion that such a decision must be based on objective assessments of the life and development of society, the formation of a democratic state, its historical, legal and cultural traditions. Law enforcement agencies are an attribute of any state, and the limits of their intervention in human behavior should be clearly defined. The article also states that exclusively procedural guidance enables to respond to the risks of violations as efficiently and effectively as possible, ensuring the proper conduct of the pre-trial investigation, as well as attention to the approach to supervision in practice, which can lead to limiting the scope of the prosecutor’s response only in violation of the law that has already taken place, and not those who still have a chance to prevent. It is concluded that as a result of changes in the relevant constitutional norms, the implementation of procedural guidance for today is officially positioned as an independent function of the prosecutor’s office.