Приклади вживання Investigating judges Англійська мовою та їх переклад на Українською
{-}
-
Colloquial
-
Ecclesiastic
-
Computer
However, it cannot be procedural for investigating judges.
Under the Code of Criminal Procedure, investigating judges have the right to authorize everything except searches.
Therefore, we can see the supremacy of law already applied by the appeal courts.We believe that the investigating judges will follow this legal enforcement.
Therefore, the decisions of the investigating judges on appointment of tax audits are illegal and groundless.
However, why the initiators do not take the same approach andregarding the delivery of rulings on appointment of tax audits upon the absence of investigating judges' authorities provided by the CPC of Ukraine?
The investigating judges ask a lot of questions about a case that I consider a political scam," the 91-year-old Le Pen told AFP.
In a decision of 17 March 2000 the investigating judges M. and I. I.
The investigating judges ask a lot of questions about a case that I consider a political scam,” Le Pen told Agence France-Presse.
They also requested that the Indictments Division take over the case from the investigating judges and continue the investigation itself.
In this case and some other cases, the prosecutors and investigating judges gave a broader interpretation of part 13 Article 584 of CPC, requiring re-arrests under the same circumstances, even in the case of release from custody by a higher court- the Court of Appeal.
However, while it is not in dispute that the impugned remarks fell within the context of the proceedings,they were aimed at investigating judges who had been removed from the proceedings with final effect at the time they were made.
That is the investigating judges increasingly deny such kind of petitions due to the lack of rights of both the prosecutors/investigators to apply with petition onappointment of tax audits within criminal proceedings and investigating judges to consider such kind of petitions.
We call on the Prosecutor General of Ukraine,other law enforcement agencies and investigating judges to ensure the strict observance of the guarantees of the legal profession.
Reasons for absence of prosecutors' and investigators' right for the appointment of tax audits is given above,and concerning the absence of the right for the appointment by judges(the investigating judges) can result in the following.
However, contrary to the provisions of the law, for now the investigating judges open the proceedings and consider essentially applications on the appointment of tax audits.
It's interesting that the number of court rulings delivered by some judges who solely satisfy the petitions of prosecutors/investigators on appointment of tax audits within criminal proceedings greatly exceeds thenumber of court rulings by which other individual investigating judges deny in appointment of such audits.
Within 9 months of 2017, according to the USRCD data, the investigating judges reviewed 1851 petitions of investigators/prosecutors on appointment of tax audit within criminal proceedings, of which:.
The Supreme Anticorruption Court will only hand over petitions in criminal proceedings against crimes attributed to the Supreme Antiсorruption Court,received by investigating judges, and were not considered before the day the Supreme Anticorruption Court began to work.
Of the CPC of Ukraine, which contains a comprehensive list of investigating judges' court rulings that can be challenged, does not include the court rulings on the appointment of a tax audit within the criminal proceeding.
It is easy to guess from the title of the Draft law, that it is aimed at“squeezing” into the Criminal Procedural Code of Ukraine(hereinafter-“the CPC of Ukraine”)of the right of investigating judges to deliver resolutions on appointment of tax audits within criminal proceedings after all.
It is well-known that criminal procedural law should be developed in accordance with the constitutional principles of legal proceedings, which stipulate the regulation of criminal procedural relations in such a way that the obligation to ensure the rights and legitimate interests of a person is entrusted to pre-trial investigation bodies,prosecutors, investigating judges and courts.
According to the GP Ukraine, for the entire 12 months of2014 pre-trial investigation bodies submitted to the investigating judges 18,149 applications for remaining in custody, including 16,633 applications in criminal proceedings of the Interior.[8].
Usually courts(investigating judges) do not justify the conclusion about the necessity of detention by circumstances of the case, including evidence of the existence of certain risks, do not evaluate the circumstances to be considered when choosing a preventive measure, including the significance of available evidences of criminal offense and the circumstances that characterize a person, including their health.
As it can be seen from the analysis of court decisions available in the Unified State Register of Court Decisions(hereinafter-the“USRCD”), the investigating judges started to perceive positively the legal position on unlawfulness of appointment of such audits in many cases.
In addition, while the Criminal Court took theview that the profound disagreements between Mrs Borrel's lawyers and the investigating judges could not justify a total lack of prudence in their expression, the Court of Appeal concluded that the decision in the applicant's favour to discontinue the proceedings brought against him by the two judges did not rule out bad faith on his part.
Thus, neither rights of investigators/prosecutors to refer to the investigating judge with thepetitions on the tax audit appointment within criminal proceeding, nor the rights and procedures for consideration, moreover satisfaction by the investigating judges of this kind of petitions are provided by the procedural law, which is the Criminal Procedure Code of Ukraine(hereinafter-“the CPC of Ukraine”).
The researchers interviewed 503 prosecutors, held 7 focus groups with prosecutors,lawyers, investigating judges, and heads of the National Police investigation units in five oblasts(Dnipropetrovsk, Lviv, Sumy, Kherson, Khmelnytsky) and city of Kyiv.
In other words, the Grand Chamber judged by the fact that since the Criminal Procedure Code of Ukraine does not stipulate any legal grounds and procedure for delivering court rulings on appointment of audits within criminal proceedings by investigating judges, the provisions of Article 309 of the CriminalProcedure Code of Ukraine foreseeing the list of investigating judges' court rulings subject to appeal within pre-trial investigation, shall not be applied in this case.
As to the applicant's good faith, it found that“the highly virulent attacks on the professional and moral integrity of the investigating judges… clearly overstepped the right of legitimately permissible free criticism” andthat the profound disagreements between Mrs Borrel's lawyers and the investigating judges could not justify a total lack of prudence in their remarks.
Appointment of tax audit within criminal proceedings concerns neither investigative/ covert investigative actions, nor criminal proceedings security measures, consequently the Criminal ProceduralCode of Ukraine does not provide the investigating judges with the procedure of consideration of petitions on appointment of tax audits within criminal proceedings, as well as delivering the court rulings on appointment of tax audits within criminal proceedings respectively.