Допрос свидетеля, потерпевшего следственным судьёй во время досудебного расследования в судебном порядке: отдельные проблемные вопросы
Interrogation of a witness, injured by an investigating judge during a pre-trial investigation in court: certain problematic issues

Summary/Abstract: Based on the general requirements of the Code of Criminal Procedure of Ukraine, the obligation to prove the circumstances to be proved in criminal proceedings rests with the inquiry officer, investigator, prosecutor, and in certain cases provided for by law on the victim (Article 92 of the Code of Criminal Procedure). In addition, both the prosecution and the defense have the right to collect evidence incriminal proceedings (Article 93 of the CCP). Further, explaining the basic terms, the legislator emphasizes that it is the investigating judge who is obliged to exercise judicial control over the observance of the rights, freedoms and interests of persons in criminal proceedings (Article 3 of the CCP). From all that has been said, it follows that the investigating judge is not authorized to carry out evidentiary activities. Meanwhile, Art. 225 of the Code of Criminal Procedure of Ukraine authorizes the investigating judge in cases that may make it impossible to further interrogate a witness who has suffered in court, to carry out such an interrogation during the pre-trial investigation. And if a request for this is received during the pre-trial investigation, the purpose of the interrogation is the need to obtain testimony from such a witness, the victim in the presence of the parties to the criminal proceedings and in the order of the court session. However, the issues of the formation of a petition, and the grounds for filing it to the investigating judge, as well as the rights of participants in criminal proceedings who may submit it, as well as the content of the petition, the timeframe for consideration by the investigating judge, the procedure for interrogating a witness who has been injured by the investigating judge is little-studied, and still do not lose their relevance.

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