Illiashchuk D. Criminal procedural activity of the prosecutor in ensuring the rights of a person at the pre-trial investigation stage

The dissertation is devoted to the theoretical study of the problems of the prosecutor's criminal procedural activity in ensuring the rights of the individual under the implementation conditions of the currently valid criminal procedural legislation in which conclusions that allow solving a number of praxeological problems related to the prosecutor's implementation of his powers at the pre-trial investigation stage have been formulated. The work argues that the prosecutor's criminal procedural activity in ensuring the person’s rights in a pre-trial investigation is supervisory in the form of procedural guidance aimed at implementing the human rights function of the state by ensuring: the rule of law; laws enforcement by the body that conducts pre-trial investigation; rights protection, participants’ freedoms and legitimate interests in criminal proceeding; ensuring a quick, complete and impartial investigation which corresponds to the regulatory content of section 2, Article 131-1 of the Constitution of Ukraine. A unified concept of notification suspicion in criminal proceedings as an additional special protection guarantee of a person against unjustified criminal prosecution, repression, restoration of the violated right etc. has been provided, which establishes an exhaustive list of subjects who have the right to report suspicion of a criminal offense by drawing up or signing the notice and clarifying its essence, directing the further course of the criminal proceedings, imposing the obligation to prevent law violations during the selection of preventive measures for procedural actions. It has been proven that the expansion of the list of criminal offenses and subjects to which non-alternative preventive measures in the form of detention can be applied is a direct violation of the presumption of a person’s innocence (Part 6 of Article 176 of the Criminal Procedural Code of Ukraine), thus, such a preventive measure can be justified if there are real signs of a threat to national security, and committed by a serviceman, in connection with which changes are proposed to Part 8 of Article 176 of the Criminal Procedural Code of Ukraine. The implementation mechanism of the prosecutor’s criminal procedural activities during the collection of evidence in the context of criminal procedural legislation reform has been disclosed which is aimed at the implementation of the procedural management function, a comprehensive, complete and impartial investigation of all circumstances of criminal proceedings with a guarantee of the participants’ rights ensuring in criminal proceedings, as well as investigative (search) actions - persons authorized to conduct them - ensuring the rights of participants - criminal procedural activity. It has been proven that while determining the admissibility of evidence obtained as a result of secret investigative (search) actions in the change event the qualification of the crime to a less serious one (the majority of secret investigative actions are carried out exclusively in criminal proceedings regarding serious or especially serious crimes - Part 2 of Article 246 of the Criminal Procedure Code of Ukraine). In each specific case, the prosecutor must study in detail all the materials of the criminal proceedings for the objective possibility of determining the criminal offence correct qualification before initiating covert investigative (search) actions, as well as in case of obtaining new evidence during the conducted secret investigative (research) actions which indicate a different composition of the criminal offense. Therefore, the court cannot unequivocally recognize the evidence obtained as a result of secret investigative (search) actions as inadmissible on the basis of changing the crime qualification to a less serious one.