In the dissertation on the basis of research of a complex of the questions
arising during special pre-trial investigation of criminal offenses, scientific
positions are formulated and results which in total are directed on the decision of
an important scientific task in the field of criminal procedure are formulated and
contains practical recommendations on gathering of proofs in criminal
proceedings. The dissertation is one of the first in Ukraine complex monographic
research of theoretical and practical problems of special pre-trial investigation of
criminal offenses taking into account a modern condition of the criminal
procedural legislation. This research defines the concept of special pre-trial
investigation of criminal offenses, highlights the place of special pre-trial
investigation.
The history of the development of criminal procedural law in a special pretrial investigation of criminal offenses in Ukraine and abroad is studied. Domestic
experience of normative regulation of special pre-trial investigation of criminal
offenses. It is proved that a special pre-trial investigation of criminal offenses
originates from Ancient Rome. On the territory of modern Ukraine, mentions of a
special investigation are available in the times of Kievan Rus. A special pre-trial
investigation in the times of the Ukrainian SSR and in the times of independent
Ukraine was studied. It is noted that the potential of the modern regulatory model
of the special pre-trial investigation of criminal offenses procedure is significantly
reduced by incompleteness of legal regulation, its flight by originality, lack of
systemic and mutually consistent provisions, which significantly reduces the
quality of legal regulation and, as a consequence, efficiency of criminal
investigation. The work defines that in modern conditions the priority law-making
direction of criminal procedural policy should be the creation of an effective
normative model of special pre-trial investigation of criminal offenses, by
improving the existing norms and developing new ones aimed at the completeness
of normative regulation. The methodology of special pre-trial investigation of
criminal offenses in the conditions of the new criminal procedural legislation is
developed. The scientific position on the characteristics of the norms that
determine the grounds, procedure and features of the special pre-trial investigation
as a new procedure of the pre-trial investigation institute is emphasized. We noted
that structurally this procedure consists of norms, which, depending on the
specifics of the subject of regulation, are combined into two groups - metanorms
and substance norms. The legal nature and essence of the special pre-trial
investigation of criminal offenses is established, the application of the special pretrial investigation in the countries of Europe, Great Britain and the USA is
considered. It is determined that in some European countries a pre-trial
investigation in the absence of a suspect is called a special (Italy, France,
Switzerland), and in other European countries such an investigation is called in
absentia (Bulgaria, Belarus). We researched the next: the rights of participants in a
special pre-trial investigation of criminal offenses; the procedure for appointing
and conducting a special pre-trial investigation of criminal offenses; features of the
petition for the appointment of a special pre-trial investigation of criminal offenses
and the implementation of a special pre-trial investigation of criminal offenses,
certain types and content of decisions of a special pre-trial investigation of criminal
offenses and the legal consequences of special pre-trial investigation of criminal
offenses. The signs of a special pre-trial investigation of criminal offenses are
determined, which include: 1) the person has the status of a suspect in the
commission of a crime; 2) the specified person must hide from the bodies of
investigation and court; 3) the purpose of evading criminal liability for the crime
committed by her; 4) they must be declared wanted; 5) the qualification of the
committed crime in accordance with the norms of the CPC allows the conduct of
special pre-trial investigation of criminal offenses. The field of aspectual functional
purpose of the procedure of special pre-trial investigation of criminal offenses is
stated, as it determines: 1) ensuring legal regulation of criminal procedural legal
relations and achievement of tasks of criminal proceedings in the absence of the
suspect; 2) establishment of guarantees of observance of human rights, despite
certain deviations from the general criminal procedural form; 3) promoting the
inevitability of punishment.
