POWERS OF THE PROSECUTOR IN CASE OF RETURN OF THE INDICTMENT, REQUEST FOR APPLICATION OF COMPULSORY MEASURES OF MEDICAL OR EDUCATIONAL NATURE: ALGORITHM OF ACTIONS

The author discloses the content of the prosecutor's powers in case of return of the indictment, a request for the application of coercive measures of a medical or educational nature during the preparatory hearing in accordance with applicable law and law enforcement practice. The purpose of the article is to develop and characterize the algorithm of actions of the prosecutor in case of return of the indictment, the request for the application of coercive measures of medical or educational nature during the preparatory hearing. The content of the prosecutor's powers in case of return of the indictment, request for coercive measures of medical or educational nature during the preparatory court hearing in accordance with the analysis of current legislation and law enforcement practice provided an opportunity to develop an algorithm for prosecutors in case of return of indictment educational nature during the preparatory hearing. An algorithm of actions of the prosecutor in case of return of the indictment, request for application of coercive measures of medical or educational character during preparatory court session in two such typical situations is developed: appeal of the court decision and elimination of shortcomings which do not correspond to requirements of the Criminal Procedural Code of Ukraine. In the above algorithms of actions, the prosecutor must act in accordance with the real state of affairs in criminal proceedings, objectively assess the situation, save time procedurally and increase the level of confidence in their actions.