Pre-trial investigation time limits: problems of law enforcement and ways to solve them

One of the fundamental tasks of criminal proceedings, enshrined in the Criminal Procedure Code of Ukraine (CPC of Ukraine), is to ensure the right of each participant to due process of law. This implies compliance with reasonable time limits for investigation and trial, which guarantees protection against unfounded accusations and delays in the process. The proper functioning of criminal justice largely depends on strict adherence to procedural deadlines. However, in practice, there are difficulties in interpreting and applying the norms of the CPC of Ukraine regarding the extension of the pre-trial investigation period. This leads to inconsistent judicial practice, violation of the rights of participants in the proceedings, and the closure of criminal cases on formal grounds. In particular, the issue of determining the moment from which the countdown of the pre-trial investigation period begins remains debatable, especially in cases where the pre-trial investigation was initiated before the entry into force of the Law of Ukraine «On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine and other legislative acts» dated October 3, 2017 No. 2147-VIII. Different approaches to the interpretation of the relevant norms of the CPC of Ukraine lead to contradictory judicial practice and jeopardize the observance of the right to a trial within a reasonable time. An important aspect of this problem is the balance between ensuring the effectiveness of the investigation and protecting the rights of the suspect. Excessive delay in pre-trial investigation may lead to violation of the right to liberty and security of person, and too rapid closure of proceedings may lead to impunity for perpetrators. In this context, the role of judicial control over compliance with the terms of pre-trial investigation is of particular importance. An effective mechanism of judicial control should ensure timely detection and elimination of violations, as well as contribute to the formation of a unified law enforcement practice.