THEORETICAL AND PRACTICAL ASPECTS OF NON-DISCLOSURE OF PRE-TRIAL INVESTIGATION DATA

Abstract

This article deals in detail with both theoretical and practical aspects that are directly related to the legal regulation of the institution of non-disclosure of pre-trial investigation information. A thorough analysis of the legal framework that regulates the procedure for ensuring the secrecy of pre-trial investigations, taking into account the majority of post-Soviet countries, indicates that they do not have a clear and systematic fixation of this procedure. It is noted that an important issue that can have an impact on the implementation of criminal proceedings, harm the protected rights and interests of participants in criminal proceedings, and prevent the establishment of circumstances that are provable and of great importance for criminal proceedings is the disclosure of information obtained during a pre-trial investigation. In order to avoid this, the law prohibits the disclosure of such information. A detailed study of the views of leading scientists on the subject is being carried out. Based on this, the authors propose their own vision regarding information, which is a secret protected by law. The list of participants in the criminal proceedings that should be notified of the occurrence of criminal liability in connection with the disclosure of information of the pre-trial investigation is also listed. Attention is drawn to the fact that the practice of properly recording in criminal proceedings the fact of warning the relevant participants about the inadmissibility of the disclosure of certain information is multifaceted, and therefore the above-mentioned procedure should be unified. It is stated that the inadmissibility of disclosing the information of a pre-trial investigation has a close connection with the fulfillment of the tasks of criminal proceedings under Art. 2 of the Code of Criminal Procedure of Ukraine. On the one hand, the observance of data secrecy is the basis of an effective investigation, and on the other, a guarantee of respect for the rights and interests of participants in criminal proceedings protected by law. Taking into account the above, they begin to consider the problem of resolving the nondisclosure of pre-trial investigation information. Such as: excessive declarativeness of regulatory norms, lack of a clearly established categorical and conceptual apparatus, debatable legislative regulation of the procedural form of obtaining permission to disclose information of a pre-trial investigation, regulation of coverage of information of a pre-trial investigation by representatives of the media, etc. It was concluded that the protection of pre-trial investigation information and its nondisclosure are a system of legal provisions that together ensure the secrecy of the pre-trial investigation. The institute of non-disclosure of pre-trial investigation information is current today. That is why it requires more attention and further research by scientists and improvement by practitioners. In our opinion, the improvement of criminal procedural legislation in the future will have a disciplinary impact on all participants in the criminal process without exception, and will also ensure the possibility of bringing to justice those responsible for disclosing data that are not subject to disclosure.