Особливості організаційно-правової форми взаємодії слідчого та дізнавача із прокурором під час досудового розслідування
The study is dedicated to a comprehensive analysis of the organizational and legal form of interaction between an investigator, an inquirer, and a prosecutor during the pre-trial investigation, with an emphasis on identifying its specifics, particularly in terms of legal regulation and implementation mechanisms. The article outlines the problem of insufficient legal regulation of the organizational and legal form of interaction. The Criminal Procedure Code of Ukraine governs procedural aspects, while organizational relationships remain outside clear legal standardization. This gives rise to the need to examine the organizational and legal form as a system of legal relations, primarily based on departmental normative legal acts and aimed at ensuring coordinated activities of the investigator, inquirer, and prosecutor. The study examines the legal nature of the interaction between these subjects, which is regulated both by the Criminal Procedure Code of Ukraine and departmental acts, including the Order of the Office of the Prosecutor General No. 309 dated September 30, 2021, and Instruction No. 575 dated July 7, 2017. It is substantiated that these departmental normative legal acts address certain organizational aspects but do not fully resolve the issue of the lack of a holistic approach to the legal regulation of interaction between the investigator, inquirer, and prosecutor. The theoretical part of the study also focuses on distinguishing between the concepts of «organizational-legal», «organizational», and «organizational-tactical» forms of interaction. It is emphasized that the organizational-legal form of interaction derives from the procedural form but requires separate normative regulation to ensure legality, clarity, and coordination of actions. Insufficient attention to this aspect complicates the division of responsibilities and may negatively impact investigation outcomes, creating opportunities for the failure to perform certain necessary actions without incurring legal liability. The study proposes revisiting traditional approaches to the legal regulation of interaction between the investigator, inquirer, and prosecutor, introducing adjustments to the theoretical understanding of the issue and improving the normative framework.
Publication Details
- Journal
- Scientific periodicals of Ukraine
- Published
- 2025-04-28
- Primary Topic
- Plant and animal studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00