CLOSURE OF CRIMINAL PROCEEDINGS IN CONNECTION WITH THE EXPIRATION OF THE PRE-JUDICIAL INVESTIGATION

Abstract

The article is devoted to the study of controversial issues of calculation and the course of pre-trial investigation periods, to the study of the legal nature of reasons and grounds, conditions and other circumstances necessary for the closure of criminal proceedings in connection with the expiration of the pre-trial investigation period. Based on the analysis of judicial and other law-enforcement practices, differentiation of pre-trial investigation terms, grounds for closing criminal proceedings in connection with their termination, as well as delimitation of criminal proceedings themselves depending on the application of legal regimes of the end of pre-trial investigation due to the expiration of the pretrial investigation period have been carried out. The author's position is expressed regarding the imperfect legal technique of the norms of the Criminal Procedure Code, which determine the circumstances for closing criminal proceedings in connection with the expiration of the period of pre-trial investigation, and also highlighted the problematic aspects of filling the gaps of the organizational and procedural nature of these issues with examples of court precedents, and the possibility of their relevant use. In connection with this, it is proposed to make specific changes to the current Criminal Procedure Code in order to logically organize the calculation of pre-trial investigation periods, the legal limits of their course, to improve the legal grounds for closing criminal proceedings in connection with the expiration of the pre-trial investigation period. The need for such changes is substantiated in order to bring the provisions of procedural legislation to the needs of practice and guarantee the achievement of the objectives of criminal proceedings, ensuring the principle of inevitability of punishment and bringing the pre-trial investigation closer to European standards.