Problems of protecting the rights of a person whose actions are under pre-trial investigation before being notified of suspicion

Current Criminal Procedure Code of Ukraine 2012 (hereinafter - the Criminal Procedure Code of Ukraine) significantly changed the procedure for bringing a person to criminal responsibility, excluding such a concept as «violation of a criminal case». The article is devoted to the analysis of problematic issues related to the protection of the rights of a person whose actions are under pre-trial investigation before being notified of suspicion. A review of the articles of the Criminal Procedure Code of Ukraine regulating the stages of criminal proceedings, the implementation of criminal prosecution’s function, the beginning of a pre-trial investigation, entering information about a criminal offense into the Unified Register of Pretrial Investigations, a person acquiring the status of a suspect, serving a notice of suspicion as a procedural document was carried out there. The rights that a person enjoys upon acquiring the procedural status of a suspect have been analyzed there, in particular, to know what criminal offense a person is suspected or accused of committing; at the first request to have a defense attorney and to have the opportunity to meet with him; not to say anything about the suspicion against him or to refuse to answer questions at any time; demand verification of the reasonableness of detention; collect and submit evidence to the investigator, prosecutor, investigating judge; to participate in procedural actions; to appeal decisions, actions and inaction of the investigator, prosecutor, investigating judge. A person whose act is under pre-trial investigation does not acquire such rights before being notified of suspicion, as they are exclusively related to acquiring the status of a suspect. And this, in turn, leads to illegal and unjustified restrictions on person’s rights and freedoms. Also, it is problematic to involve such a person in conducting investigative (search) actions during a pre-trial investigation. It is necessary to enshrine in the Criminal Procedure Code of Ukraine a norm according to which such a person, on the basis of his statement before being officially notified of the suspicion, will be considered a suspect with the presence of all the procedural rights that is necessary for his rights’ protection.