Annotation content. The dissertation is the first systematic and comprehensive research work on European standards of the pre-trial investigation effectiveness.
Based on the aspects of criminal proceedings at the pre-trial investigation stage European standards of the pre-trial investigation were examined in the dissertation. The object of activity, goals and tasks, actors of pre-trial investigation, means of operation with the stage, activity process were studied. It is argued that actors in respect of whom the formulation of ‘European standards of pre-trial investigation’ are an investigative judge, head of the prosecutor’s office, prosecutor, head of a pre-trial agency, investigator, head of inquiry body, inquirer, and operational units.
Considering the vulnerability of the victim, on the basis of international acts and practice, it has been proved that the ineffective investigation of hate crimes in Ukraine is due to both the violation of general standards and the failure to take into account the motive in qualification; failure to take measures to identify the motive and proving it when information present is sufficient to do so; selection of areas of investigation that are not related to the motives of intolerance.
It is indicated that considering international standards for the investigation of sexual violence in armed conflict and the impossibility of forcing victims to testify, even if the period of pre-trial investigation expires, a special mechanism is needed regarding the time limits of pre-trial investigation when investigating such facts after notification of suspicion and before notification of suspicion - after the termination or lifting of wartime.
It is argued that under wartime conditions, the effectiveness of pre-trial investigation should still be ensured, however, all standards have specifics in their implementation. The specifics of the implementation of each standard are thoroughly covered.
The use of protocols (codes) of best investigation practices in criminal proceedings of Ukraine is examined (for instance, Minnesota Protocol, Bournemouth Protocol, Istanbul Protocol, Berkeley Protocol, and Global code of conduct for gathering and using information about systematic and conflict-related sexual violence (Murad Code), International Protocol on the documentation and investigation of sexual violence in conflict, etc.). Characteristics of the abovementioned practices are identified and their applicability in Ukrainian law enforcement is proved subject to the provisions of the CCP of Ukraine.
