RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of May 30, 2008 No. 6

About practice of application of the criminal procedure legislation in case of preliminary consideration of criminal cases in Trial Courts

For the purpose of ensuring identical and correct application of the criminal procedure legislation in case of preliminary consideration of criminal cases in the Plenum of the Supreme Court of Ukraine DECIDES Trial Courts to make to courts such explanations:

1. Provided by Chapter 23 of the Code of penal procedure of Ukraine (further - the Code of Criminal Procedure) preliminary consideration of case is important independent stage of criminal procedure in which the judge shall in the terms determined in article 241 Code of Criminal Procedure based on in-depth examination of case papers check whether there are enough bases for purpose of case to judicial review.

Precedes decision making about purpose of case to judicial review on case which arrived from the prosecutor consecutive examination by the judge concerning each of the charged stipulated in Article 237 Codes of Criminal Procedure, such questions:

Whether 1) jurisdictional case to court for which consideration it arrived;

Whether 2) there are no bases for solution of the case or its stop;

Whether 3) the indictment according to requirements of the Code of Criminal Procedure is constituted;

Whether 4) it was allowed during initiation of proceedings, implementation of inquiry or pretrial investigation of such violations of requirements of the Code of Criminal Procedure without which elimination put cannot be appointed to judicial review;

Whether 5) there are no bases for criminal prosecution of other persons (in the presence of the petition of the prosecutor, the person accused, his defender or the legal representative, the victim or his representative);

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