The dissertation is devoted to a comprehensive study of the legal, theoretical and practical aspects of ensuring human rights during a special pre-trial investigation (in absentia). The work examines the features of this institution in the context of modern criminal procedural legislation of Ukraine, analyzes its problematic aspects and provides scientifically substantiated proposals for improving regulatory regulation.
A thorough historical and comparative analysis of the concept of conducting criminal proceedings in the absence of the suspect (accused) has been conducted through the prism of legal traditions of different historical periods - from the ancient era of Ancient Rome to the legal systems of the Middle Ages. It has been established that the regulatory acts of the indicated eras provided for differentiated approaches to assessing the failure to appear of the suspect, mainly treating it as a manifestation of contempt for the state authorities and its judicial institutions. In the absence of a person suspected of committing an offense, the criminal procedural system has historically tended to apply repressive measures, which, in addition to purely legal consequences, also had a social and punitive orientation. The absence of the accused was often regarded not only as an evasion of justice, but also as an independent tort,
which entailed additional sanctions. In addition, the relationship between the political systems of a particular historical period and the mechanisms for implementing criminal proceedings (in absentia) was traced.
Based on a comprehensive study, a periodization of the development of the institution of special pre-trial investigation in Ukraine during the period of independence was carried out, which allows us to trace the dynamics of its normative
formation and the evolution of law enforcement practice. The following key periods were proposed to be distinguished: August 1991 - November 2012 - the period of validity of the criminal procedural legislation of the Soviet period, with formal norms of absentia criminal proceedings without the practice of their application; November 2012 - January 2014 - the period of validity of the new CPC without a prescribed
procedure for absentia criminal proceedings; January 2014 - January 2015 - the period of introduction of the institution of special pre-trial investigation as a form of absentia criminal proceedings; January 2015 – February 2022 – the period of
improving the institution of special pre-trial investigation and the formation of investigative and judicial practice; February 2022 – December 2024 – the period of reforming the institution of special pre-trial investigation in the conditions of martial law.
It was determined that the beginning of the modern stage of the introduction and development of criminal proceedings in the absence of a suspect (accused) in absentia was determined by the adoption of the Law of Ukraine “On Amendments to the Criminal and Criminal Procedure Codes of Ukraine Regarding the Inevitability of Punishment for Certain Crimes Against the Fundamentals of National Security, Public Security and Corruption Crimes” dated October 7, 2014 No. 1689-VII.
It is proven that the institution of special criminal proceedings (in absentia) plays a key role in ensuring the principles of fair trial in conditions when the suspect or accused intentionally evades participation in the process or is outside the
jurisdiction of the national legal system. Its regulatory and legal regulation in Ukraine is aimed at achieving a complex balance between the imperative need to protect public interests and ensuring the fundamental rights and freedoms of the person being prosecuted.
However, a thorough analysis of law enforcement practice indicates the presence of significant gaps in the legal regulation of this institution. In particular, a lack of regulatory detailing of procedural guarantees was identified, which makes it
difficult to ensure effective protection of the rights of the suspect in his absence. In addition, the absence of a single conceptual model for the application of a special pre-trial investigation was established, which leads to the heterogeneity of judicial practice, the creation of potential risks of appealing decisions in international courts and the violation of standards enshrined in the European Convention on Human Rights.
The study shows that, although the Ukrainian approach to conducting criminal proceedings in absentia is not absolutely unique in the global context, it has significant specifics related to current challenges in the field of national security and
the fight against particularly dangerous criminal manifestations. It is noted that its normative and practical implementation is mainly focused on ensuring the inevitability of punishment for crimes that pose a threat to the sovereignty of the
state, its territorial integrity and public security...
