ADMINISTRATIVE LAW STATUS OF INVESTIGATION AUTHORITIES IN UKRAINE

Abstract

The peculiarities of administrative and legal regulation of inquiry bodies’ activities in Ukraine have been studied. The system of legal acts determining the legal status and powers of inquiry bodies has been analyzed. It has been established that the legislative regulation of inquiry bodies is characterized by significant fragmentation and lack of a systematic approach. Significant gaps in special laws on law enforcement agencies regarding the regulation of inquiry officers’ powers have been identified. The problem of insufficient material and technical support of inquiry units, which has become particularly acute under martial law, has been examined. It has been determined that limited funding leads to the impossibility of updating technical equipment, restricting access to specialized databases, and reducing the effectiveness of documenting offenses. The issue of delimitation of procedural powers between inquiry officers and investigators has been studied. Significant restrictions in the procedural rights of inquiry officers have been established, particularly regarding independent appeals to the investigating judge with motions for the application of measures to ensure criminal proceedings. The problem of inequality in the legal status of heads of pre-trial investigation bodies and inquiry bodies has been analyzed.Unjustified narrowing of the circle of inquiry bodies’ heads and limitation of their managerial capabilities have been revealed. A systematic solution to the identified problems through the development and adoption of the Law of Ukraine “On Pre-trial Investigation Bodies”, which should establish uniform standards for procedural independence of investigators and inquiry officers, has been proposed. The necessity of making comprehensive amendments to the Criminal Procedure Code of Ukraine regarding the expansion of procedural powers of inquiry officers and heads of inquiry bodies has been substantiated. It has been determined that the proposed changes will ensure the effective functioning of the inquiry institution in investigating criminal misdemeanors and optimize the use of law enforcement resources. The conclusion about the need for comprehensive legislative regulation of the status of inquiry bodies to ensure their effective performance of functions in the criminal justice system of Ukraine has been formulated.