DETENTION BY AN AUTHORIZED OFFICER (ARTICLE 208 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE): PROBLEMS OF THEORY AND PRACTICE

Abstract

The article analyzes the features of detention by an authorized official, which consists in limiting the right to freedom and personal integrity, is carried out in cases clearly defined by the criminal procedural legislation of Ukraine and is considered as a temporary preventive measure. It was established that detention by an authorized official is possible both on the basis of a decision of an investigating judge, a court, and without such a decision. It is justified that the concept of "just now" should cover such a period of time during which it would be possible to take actions within the limits of the Criminal Procedure Code of Ukraine to obtain a court order to detain a person (notify the person of suspicion; deliver a summons to the pre-trial investigation body; in case of such non-appearance, to announce a wanted suspect; apply to the investigating judge for the selection of a preventive measure in the form of detention; petition for detention and delivery to court). It is proven necessary to unite the existing bases in law enforcement agencies, state authorities, centers for the provision of administrative services, subdivisions of service centers of the Ministry of Internal Affairs of Ukraine, civil status registration authorities, executive service, probation authorities, medical and educational institutions, notaries, migration service, fire service, etc with the Unified Register of Court Decisions, in terms of the presence and activation of risks in relation to the person to whom the relevant services are provided, or an inspection is carried out. Accordingly, it is proposed to develop and approve in accordance with the procedure established by law the "Unified automated register for the provision of justice" and to oblige investigating judges and judges, when issuing decisions on the application of measures to ensure criminal proceedings, including detention, to immediately enter relevant information into such a register. The introduction of the "Unified Automated Register of Justice" will create additional opportunities for prompt response to relevant decisions of the investigating judge (court), investigator and prosecutor, as well as automatic notification by the system of the fact of detention (commitment of other procedural actions) of institutions and their officials provided for by law.