RECUSAL OF THE INVESTIGATING JUDGE AS AN EFFECTIVE WAY TO ENSURE JUSTICE AND PROTECT THE RIGHTS OF THE VICTIM AT THE STAGE OF PRE-TRIAL INVESTIGATION IN CRIMINAL PROCEEDINGS

Abstract

The article is devoted to the analysis of topical issues of legal regulation and practical enforcement of the victim's right to challenge the investigating judge at the stage of pre-trial investigation in criminal proceedings, as well as to the specifics and procedural mechanisms of such enforcement.Attention is drawn to the issues of practical implementation of the right to challenge at the stage of pre-trial investigation in criminal proceedings and the mechanisms for ensuring such a right. The author analyzes the works of scholars who have studied the peculiarities and specifics of challenging investigating judges in criminal proceedings. The author reveals the practical peculiarities and inconsistencies arising in the process of exercising the right to challenge an investigating judge at the stage of pre-trial investigation in criminal proceedings. The author highlights the topical issues of exercising the right to challenge an investigating judge in accordance with the provisions of the Criminal Procedure Code of Ukraine (hereinafter – CPC of Ukraine), the case law of the Supreme Court, and the position of the European Court of Human Rights (hereinafter – ECHR).The article examines the problematic issues of ensuring the victim’s right to challenge an investigating judge during the pre-trial investigation in criminal proceedings with a view to ensuring the proper administration of justice and court decision-making in Ukraine.In the course of the study, the author provides an understanding of the essence of the institute of recusal, clarifies the significance of the institute of recusal of an investigating judge in compliance with the guarantees of the administration of justice at the pre-trial investigation stage in criminal proceedings, points out the need to comply with international standards when considering recusal motions, and identifies problematic practical issues of the procedure and specific features of recusal of investigating judges, and also analyzes the current case law on such recusal motions.It is stated that it is the independent and impartial administration of justice which guarantees the rights and freedoms of every citizen, and therefore, in order to properly and effectively protect the rights, freedoms and legitimate interests of a victim in criminal proceedings, it is necessary to take into account the practical features and apply the rules of law set forth in the rulings of the Supreme Court and judgments of the ECHR. Based on the results of the legal analysis of the current provisions of the criminal procedural legislation of Ukraine, and taking into account the current judicial practice in terms of ensuring the rights of the victim at the pre-trial investigation stage in criminal proceedings, the author makes proposals for eliminating legislative conflicts by amending the provisions of the CPC of Ukraine.