On the possibility of appeals in the appeal procedure of decisions of investigating judges according to the results of the consideration of the complaint on the inaction of the investigator and prosecutor

Purpose. The publication is an attempt of the author to present the scientific community with the existing approaches and objective problems of appealing the decisions of investigating judges on the results of the complaint on the inaction of the investigator and prosecutor, which lies in the failure to enter information about a criminal offense to Unified Register of Pre-trial Investigations, which were determined before June 17, 2020. Methodology. Analysis and synthesis of scientific achievements of a number of researchers and available precedents, study of the state of regulatory support, formation of author's conclusions. Structured system method, analysis and synthesis, functional, and other methods have been used in carrying out this scientific research. Results. In the course of writing this article, arguments have been put forward to support the conclusions below. Since one of the constitutional principles of judicial proceedings, in accordance with the requirements of article 129, paragraph 8 of the Constitution of Ukraine, is to ensure the right to an appellate review of the case, and the right to appeal against procedural decisions, acts or omissions as the basis of criminal proceedings guarantees everyone the right to appeal against procedural decisions, acts or omissions of a court, investigating judge, prosecutor or investigator in a manner regulated by the Code of Criminal Procedure of Ukraine (article 24, paragraph 1 of the CCP of Ukraine), all criminal proceedings participants authorized by the Code of Criminal Procedure are entitled to exercise their constitutional and procedural right to appeal against decisions, acts or omissions of authorized entities, among other things through appeal procedure if there are grounds for doing so. Scientific novelty. There are some differences in the legal positions of the various judicial chambers of the Criminal Cassation Court of the Supreme Court on the application of the provisions of article 307, paragraph 3 of the CCP of Ukraine when reviewing through the cassation procedure decisions of the appellate court refusing to open proceedings through the appeal procedure against decisions of the investigating judges made regarding a complaint about the inaction of the investigator, prosecutor, which lies in the failure to report a criminal offence in Unified Register of Pre-trial Investigations after the receipt of the complaint, the reported criminal offence. Today, there is a decision of the joint chamber of the Cassation Criminal Court of the Supreme Court in case 133/3337/19, which has also been controversial among legal practitioners, thus I will try to share my own thoughts on this issue. Practical significance. The results of the study can be used in law enforcement activities during investigation of criminal offenses.