PRACTICE OF APPLICATION OF ARTICLE 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE OF UKRAINE (THEORETICAL ASPECTS)

Abstract

The article presents the author’s position on ways of applying law enforcement mechanisms when documenting war crimes committed by Russians at the stage of opening criminal proceedings in accordance with the provisions of Article 214 of the Criminal Procedure Code of Ukraine. Based on the author’s theoretical and legal analysis of the generalization by the Supreme Court of Ukraine of the practice of considering complaints against the decisions, actions or inaction of the pre-trial investigation bodies or the prosecutor during the pre-trial investigation, taking into account the peculiarities of the wartime period, an assessment of the initial operational and investigative actions in the case of a request for the commission of a criminal offense is presented . The article combines the procedures of criminal and civil law in the directions of restoration of the subjective right of a person violated by the criminally punishable actions of the Russian occupiers. The predominance of constitutional guarantees of the rule of law, the right to protect one's property from criminal manifestations was noted separately. Attention is drawn to the peculiarities of the collection of the evidence base, both of a material nature and of the testimonies of eyewitnesses, who in the future can testify in courts during the trial of criminal cases about crimes against property and persons. Significant interest of the scientific community in the development of the discourse on topics related not only to the full understanding of the pre-trial investigation phase as part of the integral process of restoring the violated right to own property or personal non-property rights, but also to the initial stage - the opening of criminal proceedings and the introduction of information about this crime to the Unified Register of Pretrial Investigations. Reference is made to the decisions of the higher courts of Ukraine in terms of CLARIFICATIONS of the essence of the process of documenting criminal manifestations, as well as in response to such information by equal persons of investigative units. The analyzed scientific output of the domestic scientists- processualists is subjected to the author’s critical evaluation. The expressed author’s vision of the grounds for entering information about a committed criminal offense into the Unified Register of Pretrial Investigations. Scientific approaches to understanding the essence of the constitutionally guaranteed protection of the rights of ordinary citizens and representatives of the economic sphere are presented.