INITIATION AND SUBMISSION PROCEDURE REQUEST FOR CHANGE OF PRECAUTION

Abstract

The article is devoted to the study of the peculiarities of the initiation of petitions to change the measure of restraint (Articles 200, 201 of the CPC of Ukraine). In order to properly implement the principle of adversarial proceedings, as well as the proper provision of other principles of criminal proceedings, in particular, such as ensuring the right to liberty and security of person, presumption of innocence and proof of guilt, ensuring the right to defense, the legislator in Art. 201 of the CPC of Ukraine, provided for the procedural possibility of filing a petition to the suspects to change the measure of restraint. It should be noted that the request of the investigator, prosecutor to change the measure of restraint differs in content from the request to choose a measure of restraint. In particular, the request to change the precautionary measure must indicate the circumstances that: arose after the previous decision to apply the precautionary measure; existed at the time of the preliminary decision on the application of the precautionary measure, but about which the investigator, the prosecutor at that time did not know and could not know. At the same time, the following must be attached to the petition: copies of the materials with which the investigator or prosecutor substantiates the arguments of the petition; a list of witnesses whom the investigator or prosecutor deems necessary to interrogate during the consideration of the petition, indicating the information they may provide and substantiating the value of this information for resolving the issue; confirmation that a copy of the request and copies of the materials substantiating the request have been sent to the suspect. It is concluded that the grounds for the application of precautionary measures during the pre-trial investigation are factual data that indicate the existence of a situation that necessitates such a need depending on the circumstances of the criminal proceedings. They should be distinguished from the grounds for filing a petition, the right to which gives rise to the right to review and decide on the merits, ie: existed at the time of the preliminary decision on the application of the precautionary measure, but the investigator, the prosecutor at that time did not know and could not know about them; 2) a mandatory condition when considering a request for a preventive measure in the form of transfer under the supervision of parents and other persons should be the presence in the application of information about the consent of parents (other persons) and the minor suspect who is transferred under supervision.