Kalinovska M. The peculiarities of criminal procedural proving during application of preventive measures at the stage of pre-trial investigation.

The dissertation is one of the first in the domestic criminal procedural science of special complex researches of the peculiarities of criminal procedural proving during the application of preventive measures at the stage of pre-trial investigation on the basis of the provisions of Criminal Procedural Code of Ukraine of 2012. The structure and purpose of criminal procedural proving during the application of preventive measures at the pre-trial stage are determined in the thesis. It is proposed the author's definition of criminal procedural proving during the application of preventive measures at the stage of pre-trial investigation as the cognitive-practical and logical-mental activity of the parties to criminal proceedings and the investigating judge regulated by criminal procedural legislation, carried out in order to make lawful, reasonable and motivated criminal procedural decisions on the application of precautionary measures proceedings aimed at ensuring the achievement of the purpose of the application of precautionary measures. The thesis investigates the process of formation and development of the Institute of Evidence during the application of preventive measures at the stage of pre-trial investigation in criminal proceedings in Ukraine in different historical periods as well as being the part of other states. It has been proposed to divide into periods the formation and development of this Institute taking into account the degree of its legislative regulation. In accordance with an established criterion there are seven historical periods of formation and development of this institute in Ukraine, i.e. the Old Russian Period; the Lithuanian-Polish Period; the Period of the end of the 15th century till the middle of the 18th century; the Period of the second half of the 18th century until 1864; the Post-reform Period; the Period from 1920s till 2012; and Modern Period. Based on a systematic analysis of the criminal procedure legislation of Ukraine, identifies forms of participation of the investigator and interrogator in the process of proving during the application of preventive measures at the stage of pre-trial investigation in criminal proceedings, i.e.: 1) drafting petitions for the application of preventive measures and appealing to the prosecutor for their approval; 2) appealing against the Prosecutor's refusal to approve the petition for application of preventive measures. The forms of participation of the prosecutor are defined in this process of proving, in particular: 1) approval or refusal to approve petitions on the application of preventive measure; 2) independent drafting of petitions on the application of preventive measure; 3) the prosecutor's participation in judicial proceedings of petitions on the application of preventive measure by an investigating judge; 4) application of preventive measures on the territory where the legal regime of martial law, emergency state or anti-terrorist operation operates; 5) appeal against the decisions of the investigating judge on the application of preventive measures; 6) participation in the judicial review of appeals against the decision of the investigating judge on the application of preventive measures.