SOME ISSUES OF PROSECUTOR’S PARTICIPATION IN THE SIMPLIFIED PROCEEDINGS ON CRIMINAL MISDEMEANORS IN THE COURT OF FIRST INSTANCE

The article is devoted to problematic issues of the legal order of the court hearing of the indictment on the commission of a criminal misdemeanors. The author notes that according to the content of Part 3 of Art. 382 of the CPC of Ukraine, it is not clear from which stage of the court proceedings such hearing should begin: from preparatory proceedings or immediately from trial. Also, legislator does not define how court should check the indictment for a criminal misdemeanors for compliance with the requirements of the CPC of Ukraine and the correctness of jurisdiction, as well as to address other organizational and legal issues of the possibility of trial. Based on the analysis of judicial practice, it was concluded that current regulation of simplified proceedings for criminal misdemeanors is imperfect and leads to unequal participation of subjects of judicial proceedings, including prosecutor. The article expresses the opinion that in case of shortcomings of indictment regarding the commission of criminal misdemeanors, if any doubts about the correctness of the jurisdiction or the need to suspend the proceedings have appeared, court should appoint a preparatory hearing with the participation of prosecutor to resolve relevant issues under Art. 314 of the CPC of Ukraine. Instead, in the case of receipt of indictment for a criminal misdemeanors without a request from prosecutor for its consideration in summary proceedings or without statements of the suspect or victim, as defined in Part 3 of Art. 302 of the CPC of Ukraine, court is obliged to consider the proceedings in the general order. All other issues that arise during consideration of indictment in summary proceedings do not require a preparatory hearing, and can be resolved by summoning the participants in the criminal proceedings immediately before the trial.