Methodological Problems of Prosecutor’s Supervision of the Ending of the Investigation of Terrorist Acts

Abstract

The problems of the organization of prosecutor᾽s supervision of the ending of investigation of terrorist acts are reviewed. The methodological problems of informational and cognitive activity of the prosecutor during the investigation of the criminal proceedings' materials, completing the indictment act, decisions to close criminal proceedings of the following type are analyzed. Reported that the prosecution holds a special place in the legal mechanism to ensure the legality of pre-trial investigation on it by the Constitution of Ukraine relies supervise the observance of laws by bodies that conduct detective and search activity, inquiry and pre-trial investigation. In terms of democratization of society, of judicial control over the legality and validity of procedural decisions of the investigator that restrict human rights prosecutor᾽s supervision in this area needs to increase efficiency and effectiveness, including through its optimization through modern methodologies. There is no exception criminal proceedings for terrorist acts. According to judicial practice, significant violations of procedural law in drawing up the indictment act, which must verify the correctness of the Prosecutor, take place in the following cases. When the indictment contains provisions that contradict one another. The charges set forth in the indictment, non-specific, or does not match the charges set forth in a written notice of suspicion and declared suspect. When the indictment contains unacceptably naturalization describe criminal offense, including sexual. When the investigator does not sign the indictment. When the indictment no data on the seat of the accused, the data on the victim, if he is installed in criminal proceedings. When the indictment not specified evidence collected in the case and the arguments put forward by each of the accused in his defense, with the results of their inspection. When the guilty act is not attached statutory applications and more. Determined that at the stage of completion of pre-investigation the prosecutor a set of actions to ensure quality maintenance of public prosecution in court. He sums up the pre-trial investigation by forming an official charge, introduces the suspect, his lawyer charged with character, allowing you to identify trends, and remedies are the basis of the trial and determines its limits. In the prosecutor should emerge convinced of the reliability of the findings of guilt of the suspect and the proof of the accusations made by investigators in the indictment. Concluded that the subject of Public Prosecutions at the stage of conclusion of the investigation of crimes of terrorist acts constitute compliance pre-trial investigation and other natural and legal persons involved in the pre-trial proceedings. This definition of supervision covered as illustrative subjects during the circle and the procedure for their activities, laid down by law. Such surveillance tasks in that category of criminal proceedings should include: prevention, cessation, early detection of any violations of the law committed by parties to the proceedings, and to take measures to fully redress and prosecution established by law; full, full and impartial investigation.