Status of the prosecutor at the stage of pre-trial investigation in the context of the principle of competitive criminal proceedings

The article examines the procedural status of the prosecutor at the pre-trial investigation stage in the context of the implementation of the principle of competitiveness in criminal proceedings. The author analyzes the statutory regulation of the prosecutor’s powers under the current Criminal Procedure Code of Ukraine, outlines their content and determines the impact on the procedural balance between the prosecution and defense. The authors reveal that the status of a prosecutor is not static or universal, but manifests itself in different ways depending on the functional load of a particular procedural situation. In particular, in the context of applying for temporary access to things and documents, granting or restricting access to the investigation materials until its completion, and disclosing materials to the other party. In each of these cases, the prosecutor performs a different type of procedural activity, which significantly affects the balance of the parties. The study emphasizes that the implementation of competitive proceedings at the pre-trial stage has its own specifics, which is related to the fact that the prosecutor performs not only the function of the prosecution, but also provides procedural guidance to the investigation. This dual role necessitates special attention to the mechanisms for ensuring equality of the parties, in particular, access to evidence, the ability to question the reliability of testimony, to initiate an examination of evidence for its admissibility, etc. It is substantiated that the effectiveness of the prosecutor’s exercise of his/her powers has a direct impact on the fairness of criminal proceedings in general. The publication systematizes the key approaches of the national doctrine to the interpretation of the prosecutor’s status and analyzes the case law. Particular attention is paid to the analysis of the relevant legal positions of the European Court of Human Rights. The author emphasizes the key importance of observing the principle of equality of parties and procedural parity in pre-trial proceedings as a prerequisite for the admissibility of evidence submitted to court. A comprehensive analysis of the functions, rights and obligations of the prosecutor at the pre-trial stage is made, and conclusions are drawn about the need for their clear delineation and practical implementation in accordance with European standards of fair trial.