Еволюція інституту відкриття матеріалів кримінального провадження в контексті забезпечення права на захист

The article examines the evolution of regulatory and legal frameworks governing criminal procedural legislation concerning the disclosure of criminal case materials to the other party. In particular, the authors analyzed the current criminal procedural legislation and practical issues related to the implementation of the rights and guarantees of the defense under the provisions of the 1960 Criminal Procedure Code (CPC). The article highlights legislative gaps, deficiencies, and practical challenges arising from the existing regulatory framework. Emphasis is placed on the fact that, before the adoption of the CPC in 2012, the defense’s access to criminal case materials was limited by the discretionary powers of the prosecution and included several legal mechanisms that allowed violations of the rights of the accused and other participants in the criminal process. It has been established that changes in the procedure for disclosing materials to the other party in independent Ukraine occurred gradually as part of legal reforms in criminal proceedings. The changes involved the addition of guarantee provisions to Article 218 of the 1960 Criminal Procedure Code of Ukraine. It is asserted that the institution of disclosure of materials to the other party fully developed in the criminal process only after the adoption of the 2012 Criminal Procedure Code, whose provisions strengthened adversarial principles, equality, and the protection of the right to defense in criminal proceedings. The article examines issues regarding the completeness and scope of materials provided to the defense for review after the completion of the pre-trial investigation, the regulation of time limits for reviewing case materials, the right to make copies of criminal case materials, and the introduction of judicial oversight. In conclusion, the authors found that the disclosure of pre-trial investigation materials is an important guarantee of ensuring the right to defense for the suspect, the accused, and their legal counsel. Over the past decades, the procedure for the defense’s access to criminal case materials has evolved from limited opportunities for the defense to full-fledged adversarial proceedings and equality of parties in the criminal process.