Kryklyvets D. Realization of adversariness principle during consideration of complaints by an investigative judge.

Thesis is devoted to examination of the adversariness principle at pre-trial investigation realization problems as well as to its meaning for molding the procedure of considering and solving the complaints against the decisions, actions and inactivity of investigator or prosecutor by an investigative judge. The role of an investigative judge in ensuring the adversarial consideration of complaints is found out and the problems related to this principle are singled out. The procedural activity of an investigative judge, related to opening the proceedings and organizing the judicial consideration, is elucidated. The procedure of complaints judicial consideration is studied, and the conclusion is made that not all the judicial procedural actions, peculiar to trial, may be applied during complaints consideration. The process of proving their legal positions by the parties is researched, and it is grounded that the prosecution party is granted with much broader powers than the victim or defense party. The practice of investigative judge's rulings appellate review is examined, so that the necessity of certain aspects additional legislative regulation should be emphasized. The author formulates proposals on improving the existing and modifying the procedural law with the new norms, that will extend the right to appeal the decisions, actions and inactivity and make the process of considering and solving the complaints more effective.