THE PROSECUTOR’S SUPERVISION OF COMPLIANCE WITH THE LEGISLATION ON INTERNATIONAL LEGAL ASSISTANCE DURING THE CONDUCT OF PROCEDURAL ACTIONS DURING THE PRE-TRIAL INVESTIGATION

Abstract

The article is devoted to the analysis of the essence of the prosecutor’s supervision of compliance with the legislation on international legal assistance when conducting procedural actions at the stage of pre-trial investigation. It is noted that the supervision of the prosecutor during the provision of international legal aid at the stage of pre-trial investigation serves as a guarantee of compliance by the relevant national body with the norms of criminal procedural legislation, in particular international treaties, the binding consent of which was given by the Verkhovna Rada of Ukraine and which are also part of it. Attention is drawn to the fact that the concept of prosecutor supervision in the current Criminal Procedure Code of Ukraine has not found its legal definition and consolidation. However, it was emphasized that this activity pervades criminal proceedings from the beginning of entering information into the Unified Register of Pretrial Investigations and until the entry into force of the court decision, and therefore is key and decisive for it. It is noted that the imperative nature and obligation of the instructions and assignments of the prosecutor play a decisive role in his performance of supervisory functions, in particular during cooperation with the competent authorities of foreign countries, since the active and proactive behavior of the prosecutor during the pre-trial investigation plays a decisive role in achieving the task of criminal proceedings. At the same time, it was noted that the decisive role in international cooperation during the pre-trial investigation was assigned to the central body of Ukraine – the Office of the Prosecutor General, since it is he who finally checks the materials of the implementation of the request of the competent body of a foreign state for the validity and compliance with the requirements of laws and international treaties of Ukraine, consent to the binding nature of which was given by the Verkhovna Rada of Ukraine before sending them directly to the requested party and vice versa. The article also describes the essence of the prosecutor’s supervision during the provision of international legal assistance to the requesting state, which consists in his supervision of compliance with the legality and completeness of the procedural actions carried out by the pre-trial investigation body to fulfill the request of the competent body of a foreign state.