Процесуальні особливості досудового розслідування щодо неповнолітніх

Abstract

У статті представлено результати дослідження процесуальних особливостей, що виникають в ході проведення досудового розслідування у кримінальних провадженнях щодо неповнолітніх. Досліджено норми законодавства в даній галузі, а також думки науковців. Procedural features that arise during the pre-trial investigation in criminal proceedings against minors are analyzed. The relevance of the issue is related to the status of minors, who are a more vulnerable category. The creation of additional guarantees and special conditions during criminal proceedings, in particular pre-trial investigation, allow to ensure the maximum protection of minors. Despite some peculiarities contained in the legislation of Ukraine, proceedings against minors are conducted according to general rules. Thus, it is important to consider the issue comprehensively. The norms of legislation in this field, as well as the opinions of scientists, were studied.

Pre-trial investigation consists of investigative actions and covert investigative actions, which in turn include many procedurally important actions, such as interrogation, search, etc. When conducting each of them, the investigator is obliged to comply with the provisions of the law regarding order and norms, but despite this, do not forget about the importance of the psychological state of the child, which can significantly change the usual process. It is the vulnerability and fear of children, the impulsiveness and complex character of teenagers that are the reasons and prerequisites for the creation of special conditions. It also requires the special training of investigators, who will be able to properly fulfill the powers assigned to them, achieving the goal of the pre-trial investigation, and at the same time preserve the psychological health and normal state of the minor.

Also, unfortunately, the introduction of martial law in the entire territory of Ukraine brought peculiarities to criminal proceedings, and in particular the process of pre-trial investigation. Thus, from February 24, 2022, certain additions were added to the criminal procedural legislation, which related to the conduct of the process. Thus, this fact is another reason for researching this issue, because legislation never stands still, but constantly changes, develops and needs repeated study and analysis.