SPECIAL FORM OF PRE-TRIAL INVESTIGATION (ANALYSIS OF CHANGES TO THE CURRENT CPC OF UKRAINE)

Abstract

Objective: clarification of the essence of the institution of absentee conviction under the new criminal procedure legislation of Ukraine. Research methods: the research was conducted using general scientific methods, such as dialectical analysis and synthesis, abstraction, etc. and special methods by which the authors explore the essence of the institution of absenteeism under the new criminal procedure legislation of Ukraine. Results: the article clarifies what novelties the institute of absentee conviction has brought to the procedural legislation, its shortcomings and risks in the process of implementation of these provisions by law enforcement agencies have been revealed. It is determined what basic principles can be violated during the application of the norms governing the application of the institution of absentee conviction. It is emphasized that the right to participate in the trial is one of the most important rights granted to the defendant during the court proceedings. The possibility of considering proceedings in absentia is important primarily in cases of crimes that have gained considerable publicity, and open and public investigation of the circumstances of their commission is of great public importance. In addition, such a procedure must be objective, exclusive, clearly regulated by law and provide guarantees of fundamental human and civil rights and freedoms. It is proved that the procedural institution in question has significant shortcomings, its application may call into question the existence of adversarial criminal proceedings and its democracy. Discussion: research of the essence and clarification of the significance of the institute of absentee conviction for the formation and further development of the criminal procedure legislation of Ukraine.