PROBLEMS OF DETERMINING JURISDICTION: THEORETICAL AND LEGAL ASPECT

Abstract

The article is devoted to the study of certain issues related to the execution by pre-trial investigation authorities their powers under the jurisdiction determined by the provisions of Article 216 of the Criminal Code of Ukraine. Successful consideration of a criminal case depends on optimally formed pre-trial preparation materials by the prosecution. A significant for this procedural institution is the lack of a unified approach to understanding the concept of «jurisdiction». The article highlights the topical issues of content issues arising at the theoretical and practical level. It is important that the legal characteristics  of the case should be correlated with the court’s competence to determine the jurisdiction itself.  The article analyzes the procedure for conducting an investigation and determining the conditions for consideration of a criminal case, and highlights the general characteristics of jurisdiction by the subjects of pre-trial investigation. The author identifies the problematic aspects of this stage related to the restoration of the right violated by criminal acts. The author emphasizes the procedural 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 decide on the issue of jurisdiction and further court proceedings. This topic is determined by the existing problems combined in the investigative and judicial practice related to the overly broad interpretation and application of criminal procedure rules. A comprehensive solution of the issue is related to the jurisdiction guaranteed by the State, which is conditioned by the definition of the principles of the rule of law in the investigation of crimes and the investigation of crimes, and the prevention of delays in the transfer of criminal proceedings from one pre-trial investigation body to another.  Today, the scientific and practical debate around the problems associated with the determination of jurisdiction by various government agencies is gaining relevance. The authors came to the conclusion that Ukrainian legislation lacks a systematic approach, and the legislator has a different approach to solving problematic issues identified at the stage of jurisdiction, which affects the formation of the evidence base during pre-trial and trial proceedings. The analysis of case law proves that the relevance of the chosen research topic derives from theoretical issues, which determines further scientific research in this area. After all, the quality of criminal proceedings which subsequently reveals the content of criminal trials largely depends on the results of an impartial and complete investigation.