RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of February 11, 2005 No. 2

About practice of application by courts of Ukraine the legislation which regulates return of criminal cases to additional investigation

For the purpose of ensuring the correct and identical application by courts of the procedural legislation which regulates return of criminal cases to additional investigation the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that according to Art. 16-1 of the Code of penal procedure of Ukraine (further - the Code of Criminal Procedure) implementation of accusation in court is assigned to the prosecutor, and in the separate cases provided in the Code of Criminal Procedure the victim or his representative has the right to do it. Protection of the defendant performs the defendant, his defender or the legal representative. Court, remaining objective and impartial, shall create necessary conditions for accomplishment by the parties of their procedural obligations and implementation of the rights granted to them, to consider criminal case and to decide the relevant decision. Considering these requirements of the law courts by consideration of criminal cases has no right to assume functions of accusation or protection.

2. According to Art. 246 of the Code of Criminal Procedure the judge in case of preliminary consideration of criminal case has the right to return on own initiative it on additional investigation only in cases when in case of initiation of proceedings, implementation of inquiry or pretrial investigation such violations of requirements of the Code of Criminal Procedure without which elimination it cannot be appointed to judicial review were allowed.

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