PROBLEMOUS ISSUES OF COMPLETION OF PRE-TRIAL INVESTIGATION OF CORRUPTION CRIMINAL OFFENCES

Abstract

The article examines the problematic issues of completing the pre-trial investigation of corruption criminal offenses in the context of modern reform of the criminal procedural legislation of Ukraine. The features of the implementation of the procedural powers of the prosecutor, investigator and defense at the final stage of the pre-trial investigation are analyzed, and the main practical difficulties that arise during the opening of criminal proceedings, compliance with reasonable deadlines and the conclusion of agreements in criminal proceedings are identified. Particular attention is paid to legislative changes regarding the possibility of applying an agreed additional punishment in the form of a fine, even in cases where such a punishment is not provided for by the sanction of an article of the Special Part of the Criminal Code of Ukraine. The legal basis and limits of judicial discretion in determining the amount of a fine within the framework of agreements are analyzed, and the risks of uneven application of criminal law and potential abuse of discretionary powers are investigated. It is emphasized that a significant range of possible fines may negatively affect the principles of legal certainty, fairness and equality of participants in criminal proceedings before the law and the court. The paper focuses on the need to ensure a balance between the public interests of the state in the field of combating corruption and guarantees of the individual’s right to protection. It has been established that the effectiveness of the completion of the pre-trial investigation largely depends on the proper procedural guidance of the prosecutor, the timely fulfillment of procedural obligations by the parties to the criminal proceedings, and the clear regulatory regulation of individual procedural mechanisms. The conclusion is made about the expediency of further improving the criminal procedural legislation of Ukraine in terms of specifying the grounds and procedure for completing the pre-trial investigation of corruption criminal offenses, as well as defining clear criteria for exercising the discretionary powers of the prosecutor and the court. The implementation of such changes will contribute to ensuring the unity of judicial practice, increasing the efficiency of criminal proceedings and strengthening public trust in the criminal justice system.