of April 7, 2014 No. 5-467/0/4-14
To chairmen of Appeal Courts of areas,
cities of Kiev and Sevastopol,
Appeal Court of the Autonomous Republic of Crimea
In connection with the numerous appeal of representatives of law enforcement agencies to the Supreme specialized court of Ukraine on consideration of civil and criminal cases (VSSU) on ambiguous interpretation by investigative judges of local courts of provisions of Articles 132, 184 Codes of penal procedure of Ukraine (Code of Criminal Procedure) regarding determination of territorial cognizance of consideration of petitions for application of measures of ensuring criminal proceedings, as a result of directed VSSU addressed to the Chairman of the board of judges of general courts and chairmen of Appeal Courts of Ukraine the letter of October 15, 2013 of ref. No. 1-1640/0/4-13, we pay attention to the following.
When implementing criminal proceedings investigative judges, courts shall provide exact and steady application of the current legislation, timely and their high-quality consideration, be guided by the Constitution of Ukraine, the Criminal code of Ukraine, the CPC, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, to consider practice of the European Court of Human Rights, entering their provision into domestic law-enforcement practice, and also honesty and essentially to perform powers on judicial control of observance of the rights, freedoms and interests of persons in criminal proceedings both during pre-judicial investigation, and during legal proceedings, acting in limits and according to requirements of the law.
In turn, VSSU for realization of the tasks assigned to it by the Law of Ukraine "About judicial system and the status of judges", in particular on provision to courts of the lowest level of referral explanations concerning application of the legislation concerning the solution of cases of the relevant judicial jurisdiction, prepared and approved number of referral explanations among which "About some questions of implementation by the investigative judge of Trial Court of judicial control of observance of the rights, freedoms and interests of persons in case of application of measures of ensuring criminal proceedings" of April 5, 2013 No. 223-559/0/4/13, of changes and additions to which trial chamber was not made at meeting of trial chamber on criminal cases. In this connection, and also in view of that No. 1-1640/0/4-13 contains the letter of October 15, 2013 excellent, than in the referral explanations approved by trial chamber on criminal cases, legal line items, VSSU are withdrawn by this letter.
A. A. Solodkov
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