ON THE DISTRIBUTION OF JURISDICTION IN THE PRE-TRIAL INVESTIGATION

Abstract

The article examines some issues of settlement of jurisdiction in the pre-trial investigation. In particular, it was noted that with the creation of such an investigative body as the National Anti-Corruption Bureau of Ukraine, there was competition from their investigation, first with the investigation of the prosecutor's office, and then with the State Bureau of Investigation. The classification of the criminal offense, which took place at the time of the proceedings, may change in the future. As a result, material under investigation by one investigative body may end up in the investigation of another agency. The issue is the problematic transmission of such materials under investigation. It has been established that the violation of jurisdiction is a significant violation of the procedure established by the criminal procedure legislation, therefore the obtained evidence cannot be recognized as admissible. Loss of evidence is a significant adverse consequence for participants in criminal proceedings. An analysis of some problematic issues in determining the jurisdiction between the pre-trial investigation authorities. The position on providing in the legislation for the possibility of appealing the decision to determine the jurisdiction of the investigating judge was supported. Such changes would make it impossible to violate the rules of jurisdiction. Scientific views on solving the issues of competition of jurisdiction in criminal proceedings have been studied. It has been determined that access to court is one of the conditions for ensuring a fair trial. The defense may be interested in obtaining information from the pre-trial investigation that will be declared inadmissible during the trial. To do this, she may intentionally not declare a violation of the pre-trial investigation. Therefore, the introduction of judicial control will not solve the problematic issue of determining jurisdiction in the pre-trial investigation and will not avoid in such circumstances to declare the evidence inadmissible. It is proposed to apply the common law principle of estoppel to solve problematic issues in determining the jurisdiction of the pre-trial investigation.