Organization and implementation of judicial control at the stage of pre-trial investigation in foreign countries

The scientific article examines the peculiarities of the organization and conduct of judicial control of the preliminary investigation in European countries. It was determined that judicial control in historical retrospect dates back to the Middle Ages, so it has a long practical experience of application. It has been established that in the national legal systems of European countries, judicial control is organized differently, therefore the scientific literature confirms the existence of two types of models of judicial control depending on the purpose of judicial control in a criminal process. The first type of models is characterized by the presence of investigative functions and powers in the field of investigative actions for the representatives of the judiciary, who are authorized to exercise judicial control over the pre-trial investigation. The second type of models of judicial control in European countries is organized in such a way that representatives of the judiciary in pre-trial investigation are empowered with powers that are limited to resolving issues related to monitoring the observance of the rights and freedoms of the participants in the pre-trial investigation, without decisive influence on the course of the pre-trial investigation. The peculiarities of the specialization of entities that perform the functions of judicial control were analyzed and it was determined that they are divided into judicial bodies that are not separated from general courts (they lack specialization); judicial bodies in which there are separate positions of investigative judges in general courts; specialized judicial bodies. The advantages and disadvantages of the models of the first and second type of organization of judicial control over pre-trial investigation in Europeancountriesareestablished. Theadvantages of the first-type models are the cost-effectiveness of the organization of judicial control, the second- type models are characterized by a higher degree of quality protection of the rights and freedoms of a person in pre-trial investigation due to the exclusive specialization of representatives of the judiciary. It was determined that the peculiarities of legal regulation of judicial control over pre-trial investigation in Ukraine allow us to conclude that it belongs to the second type of models. Depending on the degree of specialization, the Ukrainian model of judicial control provides for the position of an investigative judge in the system of courts of general jurisdiction.