Peculiarities of discovery of materials during preparatory proceedings under the criminal procedural legislation of Ukraine and in the practice of its implementation

Abstract

The article is devoted to the peculiarities of discovery of materials during the preparatory proceedings in the criminal procedure of Ukraine. The author notes that among the provisions of the CPC of Ukraine, which provide for the possibility of familiarization with materials during the preparatory proceedings, there are both those which establish such a possibility not under the procedure of discovery (Article 317 of the CPC of Ukraine) and those with which the legislator associates this possibility precisely in the order of the procedure of discovery (Article 290(11), Article 314(2)(2) of the CPC of Ukraine). The purpose of the study is to clarify the peculiarities of discovery of materials during the preparatory proceedings under the criminal procedural legislation of Ukraine and in the practice of its implementation.

Using general scientific and specific scientific methods of cognition, analyzing the provisions of criminal procedure legislation, its application practice and doctrinal sources, the article clarifies the issue of the possibility of opening materials under Article 290 of the CPC of Ukraine during the preparatory proceedings, mentions the issue of opening pre-trial investigation materials during the preparatory proceedings in case of involvement of a new defense counsel in the proceedings after the pre-trial investigation is completed, outlines the issue of peculiarities of opening the investigation materials at the preparatory court hearing.

As a result of the study, the author emphasizes that the actual disclosure of materials within the meaning of Article 290 of the CPC of Ukraine during the preparatory proceedings is rare, although in certain situations it takes place, and is carried out with due regard for Article 290(11) of the CPC of Ukraine. Attention is drawn to the relevance of researchers' proposals regarding the possibility of applying Article 290(11) of the CPC of Ukraine to ensure disclosure of pre-trial investigation materials during the preparatory proceedings in case of engagement of a new defense counsel in the preparatory proceedings, but it is emphasized that Article 290(11) of the CPC of Ukraine is applied by analogy in such cases. The author gives examples of interpretation of the concept of “objective impossibility to get acquainted with the materials”, referred to in Article 314(2)(2) of the CPC of Ukraine