The dissertation develops the basic concepts of removal from office and its practical application, and gives proposals for improving criminal procedural legislation in order to make the specified norm more effective.
The study formed the concept and place of removal from office in the system of measures to ensure criminal proceedings. It was concluded that removal from office, namely, it was established that - is a measure to ensure criminal proceedings, which is used to ensure the effectiveness of criminal proceedings on the basis of a court decision or a decision of the President of Ukraine or a decision of the High Council of Justice and consists in temporarily preventing the suspect, accused from performing his labor (official) duties for a certain period of time in order to stop and prevent the unlawful behavior of the suspect, accused, who, while in office, may destroy or forge things and documents that are of significant importance for the pre-trial investigation, influence witnesses and other participants in criminal proceedings by illegal means or illegally impede criminal proceedings in another way. The dissertation states that removal from office has certain substantive features that distinguish it from other measures to ensure criminal proceedings, in particular: the exclusive possibility of lawfully restricting constitutional rights provided for in Article 43 of the Constitution of Ukraine in order to ensure the effectiveness of criminal proceedings; an expanded list of entities authorized to make the appropriate decision - the investigating judge, the court, the President of Ukraine, the Supreme Court of Justice; the possibility of applying it exclusively for the commission of a crime; special factual grounds for application, which are the need to: stop a criminal offense, stop or prevent the unlawful behavior of a suspect or accused who, while in office, may destroy or forge things and documents that are important for the pre-trial investigation, influence witnesses and other participants in criminal proceedings by illegal means, or unlawfully obstruct criminal proceedings in another way; a different procedural procedure for applying suspension from office and extending the term of suspension from office or its cancellation for judges, the Director of NABU, the Chairman of the NACP, the Deputy Chairman of the NACP, and persons appointed by the President of Ukraine.
