Olkhovska M. Appeal of decisions, actions or inactivity of judicial persons, by the defence during pre-trial investigation

The dissertation is devoted to the research of problems of legislative protection of the right of the defense side to appeal procedural decisions, actions or inaction of the bodies of pre - trial investigation, the prosecutor, and decisions of the investigating judge during the pre-trial investigation of criminal proceedings. The emergence and development of the appeal institute in the domestic criminal process through the prism of the right of the suspect to a complaint is analyzed. The article deals with the provisions of criminal procedural legal acts, which acted at different historical stages. The issue of the right to appeal as an effective procedural instrument for the protection of the rights and interests of the suspect is being studied. The work formulates the definition of procedural concepts "complaint", "appeal", "procedural person", "detained", and justifies the expediency of their legislative consolidation. It offers a number of amendments and additions to the criminal procedural legislation of Ukraine concerning the requirements to the form and content of the complaint, the list of procedural decisions, actions and inactivity that may be subject to appeal, the procedure for judicial review of complaints during the pre - trial investigation, the powers of the investigating judge and the court of appellate instance from the point of view of the rights and interests of the suspect.