CERTAIN ISSUES OF FAMILIARIZATION WITH THE MATERIALS OF THE CRIMINAL CASE AT THE END OF THE PRELIMINARY INVESTIGATION

Abstract

Familiarization with the materials of the criminal case at the end of the preliminary investigation affects the timeliness and quality of criminal proceedings in the court and adoption of a procedural decision, as well as the observance of the procedural period of criminal proceedings and ensuring the rights of participants in the parties, and therefore there is a need to resolve problems during its conduct. The authors uphold the position that it is necessary to provide for the mandatory participation of the legal representative of the minor victim and the accused in familiarization with the materials of the criminal case in order to carry out their defense, as well as the need to rehabilitate the victim after the crime committed against him. It is proposed to give the prosecutor the power to return the criminal case to the investigator if he considers it necessary to satisfy the applications. This proposal is aimed at ensuring the quality of support for public prosecution. A proposal to grant the parties the right to petition the investigator to declare the evidence in the case inadmissible and not to include it in the indictment is substantiated. The proposed procedure will exclude disputes that are not related to the circumstances of the commission of the crime in court, will improve the quality of criminal proceedings.