In the newspaper Voice of Ukraine No. 235 (5985) dated 12/05/2014. An article was published by the Intercessor of the Minister of Internal Affairs of Ukraine - the Head of the Main Investigation Department of the Ministry of Internal Affairs of Ukraine V. Sakal, which is called “The procedure for conducting pre-trial investigations involves harmless change.”
In this article, the head of the Main Investigation Department of the Ministry of Internal Affairs of Ukraine is pursuing current nutritional investigations that have long been overdue and some of them I can use, and some I can’t.
I would like to recognize from this account my special point of view, as a former senior investigator in the most important cases of the General Prosecutor's Office of Ukraine, and at the present time a legal specialist - a lawyer, who still provides legal assistance to citizens Ukraine, including in criminal matters. It is easier for me to compare changes and shortcomings from the point of view of blame and harm.
I pay my dues to watch over the investigators, their decisions, what they put on the sides of the defense, their minds, which ensures what kind of tables to sit on and what kind of seats to sit lawyers on, information, suffered, because they have wardrobes for clothes, safes for criminal investigations, minds, how many investigators sit in one office and how can you interview a person, conduct other investigations, if in office immediately two or more pieces of evidence on criminal activities will be obtained. Dealers of the accountants declare from this drive the work about the addition of the client in the presence of other investigators and third-party persons and other investigators who work in the same office is necessary leave the office and drink until lunch.
In order to achieve this goal, I respect that in the following departments, internal affairs management bodies are responsible outside the office and not alone for receiving testimonials that have suffered other participants criminal process.
What you can use from the kerіvnik of the Main Investigation Directorate (also known as GSU) of the Ministry of Internal Affairs of Ukraine.
Thus, the urgent need for introducing systemic changes and additions to the CPC of Ukraine has become urgent, since in two years the practice of practical stagnation of the new CPC of Ukraine has been developed and the shortcomings of the CPC of Ukraine have been exposed.
The point of view of active investigators and prosecutors is that it is necessary to go back to the old CCP of Ukraine in the 1960s, so it would be easier to investigate and expose the crimes, I do not support, because here there is only one point of view of the accused, but zakhistu doesn’t hurt. This has reduced the rights of people to destruction. The remaining fate will be to write statements about the violation of criminal records and, based on their applications, procedural decisions will not be accepted, criminal records will be destroyed and the decisions of the prosecutor will be disturbed by no one. Prosecutors do not always investigate illegal decisions of investigators and do not give orders to destroy criminal records, and if they did, they themselves did not destroy them, but sent them for additional verification and decision-making. According to the CCP of Ukraine, 1960. There’s nowhere else we can say more people. Crimes against people were not investigated in this manner.
Thus, it is useful for the adopters of the new CCP of Ukraine to focus on the surveillance of adults, and this is not a normal phenomenon if there are 100-150 criminal offenses per trace. It is simply physiologically impossible to investigate them clearly, thoroughly, objectively, without violating the rights of the parties to criminal offenses. term investigation.
I have a criminal background as a lawyer, where I protect the victim from crime, which is being investigated in the Department of the Ministry of Internal Affairs of Ukraine in the Chernivets region since October 25, 2004, more than 10 years stagnation 190 part 4 CC of Ukraine.
Initially, his investigation was carried out by the Internal Affairs Directorate of Ukraine in the Chernivtsi region, then he was transferred to the SV of one of the districts of the region, then to another SV of the Chernivtsi region. Two investigators of the regional police department illegally closed down criminal activities. According to my efforts, the prosecutor's office of the Chernivtsi region has caught the illegal orders of investigators of the regional police department.
I have a problem with the intercession of the minister, how cross-sectional communities can be placed, so that a simple story can be solved if one legal entity overinsurances the costs of another individual undertaking on I buy a car, and another person does not buy it and does not transfer the car to the buyer, but receives the pennies, spending it on other needs.
Is it necessary to investigate 10 rocks? Something is wrong here in this investigation. In addition, according to this criminal investigation No. 12012270050000223 dated November 28, 2012. There are still no suspicions hanging, although the person according to the CCP of Ukraine in the 1960s. was previously accused and was outvoted. They had to prove it, but now they knew it. Know about this in the Main Directorate of the Ministry of Internal Affairs of Ukraine, where I have previously killed myself and how to control it on the right, but it’s bad to control it, because they forgot about it.
You know, in such cases, faith in the fairness of the following internal affairs bodies and their superiors, who are responsible for monitoring the investigation of these criminal activities, decreases. The reason here, in my opinion, is that the term investigation on the facts of the right does not establish, unless there is a suspect on the right. It is clear to investigators that criminal activities may be fatally investigated.
I respect that after the investigation of the facts is completed, if the person is not informed about the suspicion, the culprits will hide, and after the efforts of the parties, we will be patient, the prosecutor will continue the lines of the pre-trial investigation until the end term 1 rock.
It is impossible for a person to be in stress with the fate of a criminal offense, which is destroyed according to the statement of a physical, legal person, investigator, prosecutor without information about the suspicion.
Control by the heads of the surveillance departments over the investigation of criminal activities is my responsibility to establish a specific date for the publication of letter inserts to the investigator and the next thousand-year report about the investigation of the work on the basis of letters. vkazivkam.
There is less evidence from your accomplices from the Main Directorate of the Ministry of Internal Affairs of Ukraine to control the progress of this criminal investigation. For such an investigation, you need to be released from the police. And therefore, the heads of the investigators themselves cannot control the progress of the investigation of criminal activities by the investigators, so the heads of the investigators actually cover up the inactivity of the investigators, as a result Why do lawyers have to work hard before the next trial in order to recognize the inactivity of the investigator, to stop the investigation and thus encourage the investigators to investigate criminal matters?
In fact, the prisoner is killed until the next trial in accordance with Art. 303 of the Code of Criminal Procedure of Ukraine and ask to know the inactivity of the investigator, so that he can give evidence to the side’s efforts to protect the form of the decision on the length of 3 days from the date of up to Art. 220 CCP of Ukraine. The violation of the norms of the Code of Criminal Procedure of Ukraine by investigators is more often than not the fault of food, and what is not under the control of the head of the investigative department, and the investigator, judging by the efforts of the lawyer, is guilty of guilt. Praise the court, so that the investigator actually investigates criminal activities.
And the head of the Main Investigation Department of the Ministry of Internal Affairs of Ukraine says that there is a need to strengthen control over the investigators on the part of their bosses, then why doesn’t he control them? Why is the lawyer, the representative of the victim, guilty of committing to the investigative trial, recognizing the inactivity of the investigator under Article 303 of the Code of Criminal Procedure of Ukraine, when the head of the investigative department is guilty, management and procedural officer - the prosecutor of the prosecutor's office, who is assigned to these criminal activities. I don’t have a butt if there are obvious facts of inactivity, the head of the police does not bother and only the investigator will blame the lawyer for the inactivity of the investigator. Praise the court for moving away from the investigation criminal activities.
In my final analysis, if the criminal investigations did not have a representative for the victims - a lawyer (investigator), then the criminal investigations would have ended up in ruins, since the terms of investigation on them are not covered by insurance, There is no need to go through the lines of investigation before the prosecutor.
And if there was none, then the Ministry of Internal Affairs of Ukraine should have long ago initiated the adoption of the law “On criminal offenses” and told the deputies, to show an interest in the surveillance and then the Verkhovna Rada of Ukraine, I I respect this law.
I would, at the place of care of the Ministry of Internal Affairs of Ukraine, tell the deputies that the supreme people's deputies are attacking us and supplying food, why are they, and other criminal offenses are not being investigated by fate and are imminent In order for a speedy investigation, please request the Prosecutor General of Ukraine from the Verkhovna Rada of Ukraine for information on specific criminal activities. I believe that members of the people’s deputies do not know the right reasons to ask the monitoring departments of the Ministry of Internal Affairs of Ukraine, that they do not build computers, faxes, and those who can buy them for their meager money salary
There are no envelopes in the police department to send evidence to the solicitations of lawyers, and these certificates lie for months without being sent, so that the solicitation of the defense, the lawyer's requests do not reach Therefore, in order to earn money, and as a rule, one does not get any support for 5 working days, which is why they receive a meager salary and do not have office apartments.
And everyone needs a clear result on the right, and the next one is to come home and until the transfer of 100 items from the safe to the table, and since these items are in the safes, and in fact, they usually lie on the counters, in the closets, then And half a day has passed and the working hour has passed. These facts must be brought to the conclusion, and not captured.
And if it is necessary to make changes to the CPC of Ukraine, then make them, justify their necessity, so that they are supported by the people's deputies of Ukraine.
And it is necessary to dismantle the investigators, and with this I agree with the intercessor of the Minister of the Ministry of Internal Affairs of Ukraine, so that grave and especially grave crimes are investigated, and the investigative authorities act investigation of criminal offenses for crimes of minor and medium gravity and sent reports to court, as handed over to the CCP of Ukraine. It would have been necessary to develop more of this, and then you wouldn’t have had such a situation, as the head of the Main Directorate of the Ministry of Internal Affairs of Ukraine describes in his statistics.
What is the stage of destruction of criminal records, and more precisely, the entry into the Unified Register of Pre-trial Investigations and the beginning of the investigation (URDR) on applications, reports of crime, there is food, since entry before ЄРДР cannot be discredited by the parties to the prosecution until the final trial, unless the other party is aware of this fact.
If the right has a civil law, and criminal acts are fatally investigated under Part 1 of Art. 190 CC of Ukraine until the investigator closes the transaction, or at the same time does not close and checks for what. This investigation, as in practice, the investigator entrusts the investigation to the investigative authorities to his close associates, and then the detectives prepare a project for closing the criminal investigation, which the investigator signs.
But we miraculously remember the stage of destruction of criminal records according to the CCP of Ukraine in the 1960s, where people could not destroy criminal records for months, they were found to be broken, people became permanently disabled The accident and nothing could be done and prove the guilt of the driver. I myself have passed this stage of one of the criminal investigations at the Svyatoshinsky RU Main Directorate of the Ministry of Internal Affairs of Ukraine in the city of Kiev, where in the future there is an investigation. encouraged in the violation of criminal justice in connection with an accident, the prosecutor's office repeatedly involved illegal decisions of investigators and football, until I became angry at the inactivity of the investigator on the basis of the norms of the direct Constitution of Ukraine And after that, the investigator has destroyed the criminal law according to the CCP of Ukraine in the 1960s, which is being investigated for two years and for two reasons, without recognizing the auto technical expertise, and the intercessor of the minister speaks about giving greater control to bosses of the following species. What is the chief of the detective department doing here? And here, without the prosecutor’s office, without their supervision of the investigation of criminal activities, it is not yet possible and this cannot be transferred to the shoulders of the heads of investigative departments, investigative departments. The prosecutor's office, according to the CCP of Ukraine in 1960, has been waiting for the procedural documents of investigators, including prosecutor's investigators, giving various sanctions, and then the courts began to give them.
And to that article. 214, 303 of the Code of Criminal Procedure of Ukraine is not the European norm and it is necessary for people who have filed an application for committing a criminal offense to be able to submit additional information about the criminal offense to the ЄРДР, the way of filing positive applications, filing through your representative - a lawyer, monitoring the progress of the investigation of criminal cases, prosecuting illegal decisions of investigators through the investigative judge, providing information about additional security certificates, and what about the tracker? not going to the end of the fuss, then they were carried out until the investigation, so that the investigators would be forced to vindicate those and other investigations, in order for the heads of the military and procedural departments to work. kerivniki.
In addition, I respect that they praised the next trial in accordance with Art. 303-307 of the Code of Criminal Procedure of Ukraine, the guilty parties are disqualified from the side of the appeal in case of misfortune with them.
What is the problem with the selection of qualified personnel here is a problem and I agree with the head of the Main Directorate of the Ministry of Internal Affairs of Ukraine, but this problem can be seen both at the legislative level and at the ministerial level in the Ministry of Internal Affairs of Ukraine.
There is a need to turn over, contact former investigators who have retired, who have not reached their pensions, who are still happy young people, and you have this list in the ministry, so you can return them to the service for transfer Goodbye to the young investigators. There are still young boys who would serve the powers and the people of Ukraine. We need to take care of the Ministry of Internal Affairs of Ukraine.
These pensioners from among the following need to save their pension in full security, to provide service life for those who do not need it. I respect that the investigators of the Ministry of Internal Affairs, the SBU, as well as prosecutors and judges need to set salaries at 10 minimum wages, so that there will be a competition for imprisonment among the following children and will appear before imprisonment. The consequences must be moved, but only for the benefit of people.
Since there are criminal offenses that are not listed in the Constitution of Ukraine, but only evils, then this problem can simply be solved by making changes to the Constitution of Ukraine before the adoption of the law on criminality misconduct, where deputies are now going to make changes to the absolute shortcomings of deputies, judges, and other people.
And since the Minister of Internal Affairs of Ukraine A. Avakov is not a lawyer and has never worked as a witness, then this food is to be prepared by You - the minister’s advocate and to give the minister for submission to the Order of Ukraine changes to the Constitution of Ukraine and I think it will be accepted by the Verkhovna Rada of Ukraine, but it is necessary to actively act and work. Problems need to be identified, not talked about.
As for the demarcation of evils, then in Art. 12 CC of Ukraine stinks, as differentiated and depending on the level of severity of the crime, are divided into crimes of low severity, moderate severity, which must be taken to criminal offenses and be investigated by their investigative bodies, and serious and especially serious cases are investigated by investigators. I agree with you about the delineation of evils and, in general, it is necessary to prepare bills for the people's deputies of Ukraine for their acceptance.
Since there is a need for the procedural independence of the investigator and their renewed importance, then I and you can often start with reforms in the Ministry of Internal Affairs of Ukraine and the heads of police departments. investigators, their procedural independence. As far as I understand, it is procedurally innocent to submit to the head of the district police department, the head of the regional police force, and for this purpose, the planting of the first intercessors was introduced in the MIA system of Ukraine - heads of investigative departments, investigative departments, like the ever-active CCP of Ukraine and security officers of the pre-trial investigation authority and others subject to investigation.
First of all, it is absolutely necessary to keep a close eye on functions that are not in power and are not related to the investigation of criminal matters, but rather the protection of public order, suspense proceedings, such how to protect the Maidan until the river revolution, the Verkhovna Rada of Ukraine and so on, since it’s time to leave the place, where you can immediately create a Minister of Internal Affairs of Ukraine, Having seen your order about this.
At the perfect time, which investigators usually don’t have, investigators prepare for additional drinks, plan investigations, analyze criminal investigations, read what the authorities are investigating investigation, integrate judicial practice from the investigation of criminal cases, prepare to work until the next trial, and do not stand on the street to protect the public order. This is still going on in the hours of the Radyansky Union. Why are other police departments responsible for dealing with this?
I recently came across the fact that the investigator of the internal justice authorities of one of the districts of the Kiev metropolitan area cannot independently formalize a criminal assignment to another region of Ukraine, for which purpose It is necessary for the chief of police, who has not had any relationship with me until now, to let him go, since he has written a report and assigned him to the chief of the investigator. I can't do it on my own Sign it in the Main Directorate of the Ministry of Internal Affairs of Ukraine in the city of Kiev and cancel the confirmation for work on the same day, and then speak for the regions. For the next month we cannot concede the Praise of the next court, since we cannot formalize the order, which is not allowed in the order, either the demand to protect the enormous order on the Maidan, or the Supreme Council of Ukraine stand. It is necessary to complete this procedure in detail and ensure that such orders are issued for free. The next report is written, a work plan is attached to the brigade, the carpenters are sent to it, it is sent to the accounting department, the cash is removed and the crew is sent. The axis here begins with the independence of the follower and with this red tape it is necessary to end and respect the follower. The Minister's Advocate needs to address these facts. The investigator is required to complete the assignment within 2-3 days and travel to other regions of Ukraine to visit the Investigative Court to carry out the investigation.
It’s a shame that the prosecutor, and the procedural officer himself, has turned into the head of the pre-trial investigation agency with wide-ranging duties, so I can often come in handy.
There are many aspects here and first of all the complexity of procedural documents (procedural documents and the like) following up to the final trial. Besides, if the investigator, who has been with the prosecutor, particularly strives before the trial court, then he is usually subject to sanctions, satisfied with his troubles, since he did not collect enough evidence and then the prosecutor, Why should the prosecutor tell you that there is still a need to earn money, and where are the control functions of the head of the surveillance department? The troubles of the follower are guilty of betraying his superiors and ruling them. In case the investigating judge simply turns the fuss over the investigator, and no one lacks the courage to demand from the investigative trial Praise for Vidmova in giving sanctions for arrest, search, etc. If, in my opinion, the heads of the investigative departments controlled the progress of the investigation, then they would have given notices and would not have complied with the illegal closure of criminal activities.
If the minister’s defender is in good condition, he may be required to pursue criminal charges, since more than 10 cases are already being investigated. At this stage, the exiting, older professionals have left the internal affairs bodies, so it is still necessary for the prosecutors to work. For this purpose, it is necessary for the investigator to appoint assistant investigators at the legislative level, who would deal with the preparation of procedural documents with the prosecutor, prepare procedural documents, decisions, and transport them to the procedural The pottery was taken away after the examination, they were sent to the trial court, and minor cases were concluded. These are the people who are guilty and deserve legal coverage according to the principle as it has been established in the courts. In the meantime, as long as there are no police officers, special police officers could work as ordered by the minister.
And earlier, according to the CCP of Ukraine in the 1960s, all the main investigators worked with the prosecutor. This is not new, but now it has become more common, and I’m getting along with it. I understand that this is not appropriate for such stoners. Follow your diet and your problems will be less. This is clearly the function, because for illegal involvement in criminal liability, other violations of the investigation are not yet consistent with the power. You have to pay money for the recovery of material and moral harm, and not a specific investigator, the head of the investigative department, or the prosecutor.
Prosecutors may well have taken it upon themselves to deprive themselves of their responsibility, but the legislator is not in favor of this, so they will also bear responsibility and incur material and moral harm. The blame lies with the investigators themselves and their superiors. This is not out of the question.
Because the new law “On the Prosecutor’s Office” deprives procedural care, the investigation of criminal cases is not carried out according to the law “On the Prosecutor’s Office”, but according to the Code of Criminal Procedure of Ukraine, where everything is preserved in Art. 36 CCP of Ukraine.
If the legislator missed the Law “On the Prosecutor’s Office”, then amendments will be made to the Law “On the Prosecutor’s Office” under Article 36 of the Code of Criminal Procedure of Ukraine.
I really expect that in the world of the opposite approach, special punishment, special bail, and the substitution of pre-trial investigation of the guilty will be saddled with the investigators, and not the investigators, who are judged without any delay in the procedural The prosecutor simply receives such a ruling and in times of trouble, the prosecutor takes the right approach and if it doesn’t work, he withdraws this ruling.
As long as there are lines of pre-trial investigation, they begin to flow after notification of the suspicion and give the right to the heads of the investigative units to respect the incompetent. The lines of pre-trial investigation and trial under war have been continued since the 1960s. prosecutors, and then judges and investigators.
Because the leaders of the investigation departments do not control the law of the court, which came into force in the law, if there is a court and a district court nearby, and on a day-to-day basis they cannot take away the authority of the investigation judges, and thus The investigators have not finalized the actual court decision for a long time, since the criminal record has been transferred to Article 382 of the Criminal Code of Ukraine, so it is too early to give the right to the heads of the investigatory departments. I am respectful of the SV Obukhivsky RV Department of the Ministry of Internal Affairs of Ukraine in the Kiev region.
It is necessary to give the right to the investigator himself to proceed to the investigation of the proceedings regarding the search, other procedural actions that the investigators of the court under the CCP of Ukraine are given, since the procedural officer and the chief are not suitable for him The next step is to make the following changes to the CCP of Ukraine. There are such situations that prosecutors and the head of the Internal Affairs Service blatantly discredit the investigation and the direction of the investigation before the court, and without carrying out investigative actions and removing sanctions from the court for the troubles of the investigation, nothing can be done according to the law. You yourself are covered as a VIP person and removed from the criminal record.
To increase the procedural independence of the next person, it is necessary to make changes to Part 4 of Art. 313 of the Code of Criminal Procedure of Ukraine (discouragement of the investigative decision, due to the prosecutor’s inactivity), that the decision of an official to the prosecutor’s office of a superior level is not residual and contributes to the discredit of the investigative court. There are procedural disputes between the prosecutor and the investigator based on respect.
Because we now have prosecutors of the prosecutor's offices - procedural investigators, who provide evidence-based investigators, who themselves did not work as investigators and did not investigate any criminal case, and therefore their letters in the boxes, Other procedural actions are the responsibility of the investigator to be carried out directly by the investigating judge, and not above all by the standing prosecutor, as the decision of the standing prosecutor is the end of the dispute with the prosecutor, which is usually supported in the dispute we are not watching the investigator, but his own prosecutor. In practice, I used to have a butt, when less than 90 years ago, having supported the head of the court of the Luhansk region, there was a charge to the criminal level of a person for the murder of a person without any other accomplice evil. And only after that I could send the case to court and the guilty persons would be judged. However, not all investigators are kind and easy-going, but simply adhere to subordination and do not enter into a dispute with the prosecutor, no matter how bad or right.
I don’t agree with this about the further reduction of operational investigators to independently uncover criminal activities. This gives them the right to the Law of Ukraine “On operational-rozhuk activity”, Chapter 21 of the Code of Criminal Procedure of Ukraine, secret surveillance (rozhuk) actions, art. 246-275 of the Code of Criminal Procedure of Ukraine, Instructions on the operational investigative activities of the internal affairs bodies of Ukraine,” approved by order of the Ministry of Internal Affairs of Ukraine, No. 007 dated July 17.07.2004, 10 (DSK). And earlier prosecutors the sanction was imposed on the conduct of these secret investigative actions, as well as by the current CCP of Ukraine. I don't fuck in No problems at all. And if there is a need to amend, then it is necessary to introduce additional legislative changes to the CCP of Ukraine, so that people’s deputies vote for them.
With pride
Legal Advocate – Lawyer
Former senior investigator
in especially important right
General Prosecutor's Office of Ukraine
Member of the VGO “Strength and Honor of V.V. Sandig”
From the editors of ORD:
Unfortunately, we are unable to publish Vitaliy Sakal's article due to the underdevelopment and stinginess of the Verkhovna Rada of Ukraine's publication, "Voice of Ukraine."
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