Temporary Access to the Things and Documents: Legal Regulation of Production According to the New Code of Criminal Procedure

Abstract

The article considers the legal regulation of the procedure of temporary access to the things and documents, determines problem aspects and gives suggestions for their resolving on the basis of the scientific analysis of the provisions of the new Criminal Procedural Code of Ukraine. The procedure of the implementation of the temporary access to the things and documents is a positive step made by national legislator to the approximation of the legal regulation of criminal procedure to the international standards. The author considers it is advisable to simplify the procedure of the temporary access to things and documents in the case when the owner has no objection to the temporary withdrawal and gives a written permission. In this case, it should be allowed a temporary access to things and documents without determining the investigating judge.The author also offers to legalize the provision that grants the right of the investigating judge, the court to consider a request of the side of the criminal proceedings for the temporary access to things and documents in case of absence of the person that owns the things and documents under condition of granting such person written permission