DISCLOSING MATERIALS OF PRE-TRIAL INVESTIGATION

Abstract

The purpose: to investigate the legal regulation of the opening of the pre-trial investigation material to the other side of pre-trial investigation. Objective: the authors of the article outline the existing problems of right regulation of the order of opening of materials of pre-trial investigation to the other party. The methodological basis: analysis, comparison and synthesis methods used. Results: deficiencies in legal regulation were identified regarding the procedure for opening pre-trial investigation materials and possible ways to improve national legislation. In the conditions of implementation and adaptation of national legislation, European integration of our country, there is a need for scientific analysis and compliance of substantive and procedural law with European standards. Appropriate investigations are necessary to identify the gaps and shortcomings that exist in the legal regulation of certain procedural actions carried out during the pre-trial investigation and during direct criminal proceedings. Identification of problems of legal regulation in criminal proceedings makes it possible to improve procedural legislation in such a way that the latter meets the conditions of today while continuing the vector of humanization of criminal legislation, compliance with the democratic foundations of the state and European integration processes of national legislation with the legislation of Europe. It should be noted that the investigator or the prosecutor, in its sole discretion, determines whether the provision of materials for review at this stage of the criminal proceedings may prejudice the pre-trial investigation or not. This means that there are subjective factors, which in our opinion may violate the principle of competitiveness. Discussion: the basis of national and international legislation in the context of the issues identified in the relevant article.