IMPLEMENTATION BY PARTICIPANTS OF CRIMINAL PROCEEDINGS OF THE RIGHT TO ACCESS TO PRE-JUDICIAL INVESTIGATION MATERIALS

Abstract

The article analyzes individual issues of implementation of the right to access to pre-trial investigation materials by participants in criminal proceedings. It was determined that the right of the participants in the criminal proceedings to access the materials of the pre-trial investigation is a necessary condition for ensuring their constitutional rights, freedoms and legitimate interests in the criminal proceedings. Considering the content of Clause 25, Part 1, Art. 3 of the Criminal Procedure Code of Ukraine stipulates that all participants in criminal proceedings are given the appropriate procedural status, while the common thing for them is that they all participate in criminal proceedings in one form or another, enter into procedural legal relations with each other. Analyzing the concepts of "legitimate interest" and "self-interest" in criminal proceedings, it was established that although the participants in criminal proceedings who contribute to the achievement of its objectives do not have an interest in the outcome of criminal proceedings, they do not lack self-interest when participating in criminal proceedings, respectively they may be interested in obtaining access to the materials of the pre-trial investigation for review in the part that concerns their interests. It is noted that the realization of the victim's right to familiarize himself with the materials of the pre-trial investigation is complicated in comparison with the procedural capabilities of the parties to the criminal proceedings, which, in particular, manifests itself at the end of the pre-trial investigation in the form of an appeal to the court with a request for release from criminal liability. In connection with this, the question arises about the need to identify the victim's opinion regarding the release of the accused from criminal liability. On the basis of the outlined problematic aspects, it was determined that the procedural procedure for providing access to the materials of the pre-trial investigation contains a number of practical problems, the solution of which will contribute to the effective performance of the tasks of criminal proceedings as a whole.