About equal status of the investigating judges


  • D.V. Svoiak


equal status of investigating judges, equal status of judges, status of an investigating judge, status of a judge.


Consolidation of the status of judges in the law, introduction of such a subject of judicial control at the stage of pre-trial investigation as an investigating judge in the Criminal Procedure Code of Ukraine, which in recent years has made a number of changes that have not been researched, cause the need to determine the scope and content of the unity of the status of investigating judges.
The article notes that investigating judges is not a separate official, but it is a form of legal status (position) of judges of courts of first and appellate instances authorized to consider criminal proceedings at the stage of pre-trial investigation.
Elements of the status of investigating judge have been singled out, which include procedural, socio-psychological and organizational blocks.
The procedure for electing and appointing investigating judges in local and appellate general courts has been determined, and the scope of their powers has been outlined.
The peculiarities of the status of investigating judges in the Supreme Anti-Corruption Court has been given.
It is noted about the different approach of the legislator to the social aspects of the status of investigating judges depending on the court instance and specialization in which they work.
It is concluded that the status of investigating judges does not have inter-instantunity, but is differentiated depending on the instance and specialization of the court.
The procedure of electing or appointing investigating judges, their procedural and socio-psychological position differ depending on the place of the court in the judiciary and the administrative position that the judge holds in court.
The unity of the status of investigating judges is observed in the general requirements for candidates for the positions of judges provided for in Art. 127 of the Constitution of Ukraine and Art. 69 of the Law of Ukraine «On the Judiciary and the Status of Judges»; the procedure for empowering a judge; independence, autonomy and prevention of interference in their activities; immutability and inviolability of judges.