JUDICIAL AND CRIMINAL PROCEDURAL ASPECTS OF DETERMINING OF INVESTIGATING JUDGE

Abstract

The article summarizes the current legislation, judicial practice of determining the legal investigative judge to ensure judicial control during the pre-trial investigation. According to European standards of justice, the interference of the executive authorities in the rights of individuals must be under the effective control of the judiciary. The authors found out, that the functions of an investigating judge may be executed by judges elected by the assembly of judges of the relevant court of first instance. Judicial control over the legality of covert investigative actions is exercised by the chairman of the relevant appellate court or, in his opinion, another judge of this court, and investigative judges of the High Anti-Corruption Court – within their own substantive jurisdiction. The grounds for transferring the function of judicial control to investigative judges of other courts have been clarified. The analysis of the norms of the legislation on the election of investigative judges and determining their status in criminal proceedings is carried out, proposals for its improvement and systematisation are made. The investigating judge, as a representative of the judiciary, endowed with guarantees of professional independence and inviolability, which are provided by the Constitution and laws of Ukraine. Compliance with the requirement of independence and impartiality of the investigating judge is implemented through procedures for automatic distribution of materials of criminal proceedings between judges of the relevant court of first instance, and after the appointment of a specific investigating judge – through the use of the institution of self-challenge or challenge of a judge. The investigating judge is unchanged in his work, except periods of non-working time, during which these powers are exercised by the duty investigating judge.