PROBLEMS OF DETERMINING JURISDICTION: THEORETICAL AND LEGAL ASPECT

Abstract

The article is devoted to the study of certain problems related to the exercise by pre-trial investigation authorities of their powers regarding the issues under their jurisdiction in accordance with the provisions of Article 216 of the CPC of Ukraine. It is well known that successful consideration of a criminal case depends on optimally formed pre-trial preparation materials by the prosecution. The significant importance of this procedural institution and the absence of a unified approach to understanding the concept of "jurisdiction" makes it important to study and clarify its content at the theoretical and practical level. In turn, the legal properties of the case which correlate with the court's competence to determine the jurisdiction itself should also be taken into account. The article analyzes the procedure for investigating and determining jurisdiction by the subjects of pre-trial investigation and identifies the problematic aspects of this stage of restoration of the right violated by criminal acts. The author also analyzes the role of the prosecutor as a person who provides procedural guidance to the pre-trial investigation in the context of the scope of his/her powers to determine the issue of jurisdiction and further court proceedings. This topic is determined by the existence of problems combined in the investigative and judicial practice related to the overly broad interpretation and application of criminal procedure rules. A competent resolution of the issue of jurisdiction guarantees compliance with the rule of law in the investigation of crimes and prevents delays in the transfer of criminal proceedings from one pre-trial investigation body to another. Nowadays, the scientific and practical debate around the problems associated with determining jurisdiction by various government agencies is gaining relevance. The authors have concluded that there is no systematic approach of the legislator in resolving problematic issues at the stage of determining jurisdiction which affects the formation of the evidentiary basis during pre-trial and trial proceedings. An analysis of judicial practice has been conducted. It demonstrates the relevance of the chosen research topic and the need for further scientific research in this direction. After all, the quality of criminal court proceedings largely depends on the results of an impartial and complete pre-trial investigation.