Ensuring legality by the prosecutor during the completion of the pre-judicial investigation in the form of an application to the court with a request for the release of a person from criminal responsibility

The article examines the institution of releasing a person from criminal liability as one of the forms of ending the pre-trial investigation. It was established that this form is a specific type of criminal procedural activity, based on the refusal of the state, represented by the prosecutor, to present a public accusation to the suspect on the grounds provided for by the Criminal Code of Ukraine. It has been established that only the prosecutor, as a subject of procedural level and scale, can cede the performance of the criminal procedural function of criminal prosecution in order to petition the court for the release of a person from criminal responsibility. Attention is focused on the fact that it is the prosecutor who must lead the investigator, the inquirer and direct their incriminating activities in such a way that the criminal prosecution is legal and justified, as well as objective enough to adequately take into account the opportunities provided by the law to the defense, in particular to the suspect, the accused. It is substantiated that the debatable issue is the clarification of the person’s right to exemption from criminal liability, however, the subject of such clarification has not been formally established, and the content of the provisions that must be clarified has not been determined. At the same time, it was concluded that it is the prosecutor, as the guarantor of the implementation of the principle of legality, who must ensure not only the formal application of legislation, in particular, regarding the familiarization of a person with his rights regarding exemption from criminal liability, but also to ensure the application of legislation in the form of a proper explanation of the rights of the person in order to make sure that the person is aware of all the consequences of such a decision, including the non-rehabilitative nature of such a decision. Analyzing the norm set forth in part. 2 Art. 286 of the Criminal Procedure Code of Ukraine, it is established that the prosecutor prepares a petition for release from criminal liability and sends it to the court without conducting a full pre-trial investigation, which means a refusal to further search for incriminating evidence, which for the prosecution is a significant step towards the suspect. Attention is drawn to the fact that during the application of the release of a person from criminal responsibility, a certain veiling of recognition of the person guilty of a criminal offense is noted, which sometimes leads to the person not realizing the non-rehabilitative nature and consequences for himself in the event of the application of this type of termination of the pre-trial investigation. It was established that only the prosecutor should prepare the appropriate request for release from criminal liability and determine the further fate of the prosecution.