Шляхи підвищення ефективності кримінального переслідування

The scientific article is devoted to the study of ways to increase the efficiency of criminal prosecution. It is determined that the study of ways to increase the efficiency of criminal prosecution is necessary to improve the effectiveness of criminal prosecution bodies and achieve the optimal level of ensuring human rights and freedoms in the course of criminal proceedings. It is noted that the introduction of alternative subjects of criminal prosecution would create competition in the activities of prosecutors and, accordingly, would have a positive impact on the efficiency of criminal prosecution. It is stated that the deformation of legal relations between subjects of criminal prosecution can be manifested in the application of a generally permissive type of legal regulation in the activities of criminal prosecution bodies. At the same time, in situations of possible restrictions on human rights and freedoms, excessive formalism in the activities of criminal prosecution bodies should prevail. It is emphasized that granting victims of a criminal offense a procedural status that is close to the status of a witness should increase the effectiveness of criminal prosecution, since granting the victim active rights, in some cases, can significantly complicate criminal prosecution. It is noted that the prosecutor’s performance of the functions of an investigating judge under martial law should be limited in time. It is proposed to introduce automatic judicial control over decisions made by the prosecutor in the role of an investigating judge. It is proven that excessive formalism in documenting procedural actions during criminal prosecution does not contribute to increasing the effectiveness of the latter. It is considered that simplifying the documentation of criminal prosecution can be manifested in the use of audio and video recording of procedural actions without further paper registration. It is investigated that the legal provisions set forth in Part 2 of Art. 9, Part 2, 3 of Art. 285 of the Criminal Procedure Code of Ukraine, which impose certain obligations on the prosecution, such as those that contradict the interests of criminal prosecution bodies and their functions. It is concluded that the introduction of certain areas of specialization for subjects of criminal prosecution increases the effectiveness of the investigation as a whole, contributes to the development of effective algorithms (plans) for the investigation of criminal offenses. It is noted that the standards of speed and thoroughness of pre-trial investigation should be implemented along with compliance with the principle of reasonableness of deadlines and be provided with judicial control.