PROCEDURAL ASPECTS OF RETURNING THE INDICTMENT TO THE PROSECU-TOR DURING THE PREPARATORY COURT SESSION

Abstract

Introduction. The article is devoted to the rather important and topical topic of equality of parties in the legal process, attention is paid to the procedural aspects of the return of the indictment in the preparatory court session.
Summary: during the preliminary court hearing, the court makes decisions that are important and necessary to simplify the procedure for hearing the case on its merits. In most cases, the preparatory court session ends with the appointment of a trial on the basis of an indictment, a request for the application of coercive measures of a medical or educational nature. Less often, the court returns an indictment, a request for the application of coercive measures of a medical or educational nature to the prosecutor, when they do not meet the requirements of the Criminal Procedure Code of Ukraine. One of the tasks of the prosecuting party is to support the state prosecution in court, to prove the guilt of the accused, that is why the prosecuting party is interested in the appointment of a trial on the basis of the indictment, a request for the application of coercive measures of a medical or educational nature. If the court decides to return the indictment, the prosecutor has the opportunity to appeal this decision, in accordance with Part 4 of Article 314 of the Criminal Procedure Code of Ukraine. In most cases, the request for the return of the indictment is submitted by the defense party, which is interested in eliminating the shortcomings and returning the indictment to the prosecutor. If the court refuses to grant the request for the return of the indictment, the defense does not have the opportunity to appeal this decision. This puts the prosecution and the defense in procedural disparity.

Conclusion: it is proposed to solve this issue by making changes to Part 4 of Article 314 of the Criminal Proce-dure Code of Ukraine