CLOSURE OF CRIMINAL PROCEEDINGS ON THE GROUNDS OF EXPIRATION OF THE PRE-TRIAL INVESTIGATION: ANALYSIS OF CERTAIN LEGISLATIVE INITIATIVES

Abstract. This article analyzes legislative initiatives to improve criminal proceedings in terms of the pre-trial investigation period and the legal consequences of its completion in accordance with the Draft Law “On Amendments to the Criminal Procedure Code of Ukraine and the Law of Ukraine ‘On the Public Prosecutor's Office’ regarding the removal of obstacles to access to justice for parties to criminal proceedings” No. 12367 of 30.12.2024 and alternative draft laws No. 12367-1 of 08.01.2025, No. 12367-2 of 14.01.2025, No. 12367-3 of 14.01.2025. The author analyzes certain aspects of the development of the statutory regulation of the pre-trial investigation period and the substantive characteristics of the proposed amendments to the criminal procedure legislation. The author presents the positions of scholars, lawyers and representatives of civil society on the proposed changes. It is substantiated that the existing mechanism of closing criminal proceedings on the basis of expiration of the pre-trial investigation term encourages the prosecution to conduct pre-trial investigation within a reasonable time, which is fully consistent with the objectives of criminal proceedings, complies with the provisions of international treaties, the case law of the European Court of Human Rights and meets the general principles of criminal proceedings. Given the systematic analysis of the criminal procedural legislation of Ukraine, the author makes critical remarks on the unreasonable proposals of legislative initiatives.