Nemchynov Y. Prosecutor’s participation in the criminal procedural proving during the court process

Qualifying scientific work on the rights of the manuscript. Dissertation for the degree of Doctor of Philosophy in specialty 081 - "Law". - National University "Odesa Law Academy", Odesa, 2021. The dissertation is an independent completed scientific work, which for the first time identifies the features of the prosecutor's participation in criminal procedural proving during court proceedings. The prosecutor is a participant of the judicial proceedings. The issue of the functional orientation of the prosecutor in the judicial stages of criminal proceedings was analysed, taking into account the implementation during the trial of the claim method of protection of rights, freedoms and legitimate interests. The concepts and forms of criminal claim were defined. The forms of participation of prosecutor in proving during court proceedings were studied, which include indirect (consists of the analysis of evidence during the formation of legal positions) and direct (realized in the examination of evidence during a court session and prior to the court announcement of its legal position). It was indicated that indirect participation of prosecutor in proving during trial begins with his preparation for the support of the public prosecution, namely with the establishment of grounds for the actions provided in Part 2 of Art. 283 of the Criminal Procedure Code of Ukraine. It was substantiated that in order to enable prosecutor to respond to the shortcomings of the pre-trial investigation, which were identified during the approval or drafting of indictment, a motion for the use of compulsory medical and educational measures, a request for release from criminal liability CPC of Ukraine should provide a norm that gives prosecutor the right to instruct investigator, detective to carry out the necessary procedural actions to eliminate the incompleteness and one-sidedness of the investigation. The types of direct participation of prosecutor in proving during the trial were established: participation in the examination of evidence, including the ones rendered to the court by other participants in the proceedings or obtained by the court on its own initiative; prosecutor’s declaring of motions aimed at establishing circumstances of criminal proceedings or verification of affiliation, admissibility and reliability of evidence; participation in investigative (search) actions during court proceedings; implementation of the burden of proof through the substantiation of legal position during the introductory speech and during judicial debate, announcement of motions, presenting arguments. It was determined that one of the types of direct participation of prosecutor in the proving during the trial is participation in investigative (search) actions carried out in accordance with Art. 333 of the CPC of Ukraine. It was indicated the expediency of establishing the duty of prosecutor to ensure the execution by the body of pre-trial investigation of such judicial orders simultaneously with the provisions on its right, in the event that prosecutor shall consider it necessary to perform such orders independently.