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Stop judicial investigation of the requirements of the Code of Criminal Procedure

According to paragraph. 3 h. 1 Article 280 of the Code of Criminal Procedure of Ukraine, pre-trial investigation may be stopped after informing the person of suspicion if there is a need for procedural actions in the framework of international cooperation.

It is worth noting that, according to part 2 of the same article, to stop the pre-trial investigation, the investigator is obliged to perform all investigative (search) and other procedural actions that are necessary and possible, as well as all actions to establish the whereabouts of the person, if the pre-trial investigation is necessary in connection with with the circumstances provided for in paragraph 2 of paragraph 1 of this article.

P. 6, 7 hours. 1 Article 541 of the CPC of Ukraine, the concept of an authorized (central) authority and a competent authority is defined. So, an authorized (central) body is a body authorized on behalf of a state to consider a request from a competent body of another state or an international judicial institution and take measures to implement it or to send a request to a competent body to provide international legal assistance to another state. A competent authority is a body that conducts criminal proceedings, makes a request in accordance with this section or which ensures the fulfillment of a request for international legal assistance.

Thus, the competent authority is the investigator, in agreement with the prosecutor or the prosecutor, who carries out the procedural management of the pre-trial investigation at the pre-trial investigation stage or the court at the trial stage.

But the authorized (central) body has the authority to consider the request of the competent authority of another state and take measures to fulfill it (if the request is sent from the competent authority of a foreign state to the authorized (central) body of Ukraine), as well as send a request to the competent authority to provide international legal assistance (if such assistance is necessary for Ukraine from a foreign state).

According to part 1, 2 of Art. 545 of the Code of Criminal Procedure of Ukraine, the Prosecutor General’s Office of Ukraine requests international legal assistance in criminal proceedings during the pre-trial investigation and considers the relevant requests of foreign competent authorities, except for pre-trial investigation of criminal offenses attributed to the jurisdiction of the National Anti-Corruption Bureau of Ukraine, in such cases it acts as the central authority Ukraine. The Ministry of Justice of Ukraine addresses courts with requests for international legal assistance in criminal proceedings during court proceedings and considers relevant requests from foreign courts. So, at the stage of pre-trial investigation, the authorized (central) bodies of Ukraine are NABU and GPU.

Art. 543-544 of the Code of Criminal Procedure of Ukraine establish two legal grounds for sending a request: current international treaties of Ukraine and on the basis of reciprocity.

Part 1-4 of Art. 548 of the Code of Criminal Procedure of Ukraine, it is regulated that a request (instruction, petition) for international cooperation is drawn up by the body that conducts the criminal proceedings, or by the body authorized by it in accordance with the requirements of this Code and the relevant international treaty of Ukraine, and in its absence, in accordance with this Code. The request and documents attached to it are drawn up in writing, certified by the signature of the authorized person and the seal of the relevant authority. The request and the documents attached to it are accompanied by a translation certified in the prescribed manner into the language defined by the relevant international treaty of Ukraine, and in the absence of such a contract, by the official language of the requested party or another language acceptable to that party. The request is sent abroad by mail, and in urgent cases – by electronic, facsimile or other means of communication. In this case, the original request is sent by mail no later than 3 days from the date of its transmission by e-mail, facsimile or other means of communication.

Thus, the sending of a request for international legal assistance to a foreign state by the authorized (central) body of Ukraine is not an automatic consequence of the request by the competent body of Ukraine, and therefore, is a separate procedural action and should be carried out in the form established by law.

Norms of hl 43 “International legal assistance in the conduct of procedural actions” sect. THEIR Code of Criminal Procedure of Ukraine directly resolved issues that are the subject of a request for a scientific and legal examination.

So, Art. 551 of the CPC determines that a court, prosecutor or investigator, in agreement with the prosecutor, sends a request for international legal assistance in criminal proceedings to the authorized (central) body of Ukraine, which he carries out. The authorized (central) body of Ukraine is considering a request for substantiation.

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