Forms of judicial control over the legality of decisions made by investigating judges that are not subject to appeal

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 3; no. 88; pp. 210 - 214
• Main Author: Vitushynska, O. O.
• Format: Journal Article
• Language: English
• Published: 26.05.2025
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2025.88.3.31

The article deals with the issues of establishing the forms of judicial control over the legality of decisions made by investigating judges which are not subject to appeal. The author notes that the research of complex and poorly regulated forms of criminal proceedings is of particular importance, since through scientific rethinking of such forms, it is possible to achieve a real effective result for the correct application of law, and, accordingly, to achieve the objectives of criminal proceedings and the fairness of criminal procedure in general. To this purpose, the author provides philosophical approaches to the definition of the concepts of content and form, and examines the approaches of scholars to understanding the concept of criminal procedural form. The author determines that it is typical for the approaches to define the criminal procedural form that they define the actions (activities, procedures, etc.) regulated by the rules of criminal procedure law as the content of the form. This is how, at the highest level of generalization, the content of the criminal procedural form is formulated and it is considered as a certain constancy in the absence of changes in its content. The article defines the forms of judicial control over the legality of decisions made by investigating judges which are not subject to appeal as a hybrid formalism as the form of judicial control over the legality of such decisions is a mixture of indications of such a possibility of appeal, while not defining clear forms of implementation, and sometimes without indicating the result of such implementation. It is also argued that today there are 2 forms of judicial control over the legality of decisions made by investigating judges which are not subject to appeal: 1) control in accordance with the procedure provided for in Part 3 of Article 309 of the Criminal Procedure Code of Ukraine; 2) control in case of a ruling by an investigating judge which is not provided for by the Criminal Procedure Code of Ukraine. The author also notes that these are differentiated forms of criminal proceedings within the same general form. And their content is aimed at exercising the rights of participants in criminal proceedings by performing procedural actions in order to obtain a procedural result. The creation of this form was influenced by the development of its content: improving the implementation of the standard of access to justice in national criminal proceedings.