REQUEST IN CRIMINAL PROCEEDINGS

Abstract

The article analyzes current procedural forms of evidence collection in criminal proceedings, which are used by parties to criminal proceedings. Attention is focused to the fact that some of the procedural forms of gathering evidence in criminal proceedings are not regulated by criminal procedural legislation and do not contain clearly defined requirements, application procedures, etc. It is emphasized that the legal regulation of the request as an important tool of evidence in criminal proceedings for the defense and the prosecution in the current legislation of our region has significant differences and can affect the final result, namely the quality of obtaining the necessary information and its use in the relevant criminal proceedings. It is noted that the criminal procedural legislation of Ukraine, as well as the Law of Ukraine "On the Prosecutor's Office", does not sufficiently regulate the issue of requests for the prosecution, in particular for the prosecutor in criminal proceedings. In contrast to this, the Law of Ukraine "On Advocacy and Advocacy" regulates the issue of a lawyer's request, requirements for persons who receive it, deadlines for providing a response, etc. In addition, the Code of Ukraine on Administrative Offenses provides for administrative liability for wrongful refusal to provide information at a lawyer's request, untimely or incomplete provision of information, provision of information that does not correspond to reality. It was established that the above-mentioned difference in the legal regulation of the request in criminal proceedings creates an ambiguity regarding the adversarial nature of the parties as one of the mandatory bases of criminal proceedings. The profile legislation of the National Anti-Corruption Bureau of Ukraine was analyzed. It is noted about the possible risks of introducing more detailed regulation of the request for the prosecution. The need for legislative regulation of the investigated issue is summarized.