Merimerina I. The prosecutor as a subject of proof in the choosing, modification, cancellation of measures to ensure criminal proceedings by the investigating judge, the court

Thesis for the Doctor of Phylosophy scientific degree in the specialty 081 – “Law”. – National University “Odessa Law Academy”, Odessa, 2021. The thesis is an independent completed scientific work which for the first time identifies features of the prosecutor’s bringing evidence during selection, change, cancellation of measures for ensuring criminal proceedings by the investigating judge or the court. The thesis researched general characteristic of measures for ensuring criminal proceedings; the legal regulation of the prosecutor’s status during the pre-trial investigation as well as during court trial was studied in it. Prosecutor was viewed as a subject of evidence during selection, change, cancellation of measures for ensuring criminal proceedings taken by the investigating judge or the court. It was proved that a prosecutor exercising the powers determined by the law, independently and completely bears responsibility for correctness, legality and substantiation of decisions taken and procedural actions conducted. The current criminal procedural legislation of Ukraine as well as theoretical issues related to selection of preventive measures and detention of a person during the pre-trial investigation were studied. The work highlights concepts, types, purpose of preventive measures, general principles and order of their selection (change, cancellation), grounds and the moment of detention of a person. The necessity to bring evidence of grounds for application of preventive measures was proved. Special attention is paid to the prosecutor’s procedural status and powers in the issues described. Procedural aspects for consideration of petitions on selection of preventive measures was researched and the prosecutor’s role in ensuring legitimacy of this process were determined. The matter of choosing a preventive measure in the form of custody, giving a decree on the detention permit for the purpose of forcible arrest was viewed; problematic issues of preventive measure validity period and the court’s decision validity period were considered. Arguments are presented that require improvement at the legislative level of the provisions of the CPC of Ukraine, which determine the procedure for selection of a preventive measure in the form of a bail (by the investigating judge or the court) as an alternative to detention. In particular, possibilities of appealing the investigating judge’s decision on application of a preventive measure in form of detention or refusal to apply such an appeal, determination of the bail size without taking into account the requirements of Part 5 Art. 182 of the CPC of Ukraine at application of the preventive measure. The thesis studies norms of the Criminal Procedure Code of Ukraine and the Regulations on the Unified Register of Pre-trial Investigations, the procedure for its formation and maintenance as for displaying in the information system the Unified Register of Pre-trial Investigations information on measures taken to ensure criminal proceedings, including preventive measures. Possibilities of the Unified Register of Pre-trial Investigations regarding accounting of such information were analyzed. Correct, timely and complete entry of information into the Unified Register of Pre-trial Investigations contributes to formation of statistical report system of law enforcement agencies, and this determines the level of crimes and crime disclosure as well as the level of data on the persons who committed these crimes.