Problems of determining jurisdiction of criminal proceedings during judicial control of pre-trial investigation
Year: 2025
Type: article
Abstract: The article is devoted to the analysis of problems that arise in practice when determining the jurisdiction of criminal proceedings by investigating judges when they perform the function of judicial control. The emphasis is on the importance of the correct determination of jurisdiction for ensuring the right to a fair trial, guaranteed by Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the consequences of violating the rules of jurisdiction. The rules for determining instance, substantive and territorial jurisdiction in the context of exercising the function of judicial control are analyzed. The conclusion is made about the inconsistent approach of the legislator to the criteria for determining territorial jurisdiction when resolving various issues related to the powers of the investigating judge. The example of the Dnipro city demonstrates the problems that arise when determining the territorial jurisdiction of criminal proceedings by investigating judges in cities with administrative division into districts. It was stated that in order to correctly determine the court whose investigating judge must consider a certain issue within the framework of the function of judicial control, one should be clearly guided by the rules of instance, substantive and territorial jurisdiction. In order to eliminate the contradictions that have arisen in practice when determining the territorial jurisdiction of criminal proceedings by investigating judges, it is proposed to establish a universal criterion for this purpose – the place of conducting the pre-trial investigation. It is proposed to supplement Article 32 of the Criminal Procedure Code of Ukraine with a new Part 4 with the following content: «4. Consideration of issues falling within the powers of the investigating judge is carried out by the investigating judge of the court within the territorial jurisdiction of which the pre-trial investigation is conducted, unless otherwise provided for by this Code». Key words: jurisdiction, judicial control, investigating judge, place of pre-trial investigation, location of pre-trial investigation body.
Author: Serhiy Krushynskyi
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411239896