Social and Legal Studios

The institution of disclosing materials to the other party is an important tool for implementing the principles of criminal proceedings. However, a number of issues remain unresolved during its application, namely issues that arise both at the stage of completion of the pre-trial investigation and in the process of performing certain procedural actions at this stage. The purpose of this article is to analyze the problematic aspects of the procedure of opening materials to the other party in accordance with Art. 290 of the CPC of Ukraine, which do not contribute to the prevention of abuse of rights by the parties of criminal proceedings at this stage of completion of the pre-trial investigation and thus hinder the rapid, complete and impartial pre-trial investigation of criminal proceedings. The article considers the procedural aspects of the procedure for disclosing materials to the other party and ways of abuse of rights by the parties of criminal proceedings during its implementation. The nature of this institute is investigated, its tasks are defined. Emphasis is placed on norms that do not sufficiently ensure the adversarial principle of the parties and their freedom to present their evidence to the court and prove their persuasiveness before the court, as well as prevent the abuse of law by the parties at this stage of the pre-trial investigation. The most common cases of abuse of rights and ways to respond to such behavior to ensure prompt, complete and impartial criminal proceedings are given. In this paper we consider the stages of the procedure of opening materials to the other party, which leads to certain gaps in the legal regulation of the effectiveness of preventing the abuse of rights of participants in criminal proceedings. The analysis of court decisions showed the most common abuses during the opening of criminal proceedings, which are found in practice. Specific proposals have been offered to improve the norms of the CPC of Ukraine, which regulate the procedure for opening materials to the other party, as well as the need to supplement them with new provisions that would ensure the adversarial principle of the parties of criminal proceedings