FOREIGN EXPERIENCE OF LEGAL REGULATION OF THE INQUIRY INSTITUTION

Abstract

The article presents a comprehensive study of foreign experience in legal regulation of the inquiry institution in the context of international integration of legal systems and implementation of unified standards for pre-trial investigation. The international legal acts establishing fundamental standards of pre-trial investigation are examined, particularly Recommendation Rec (2001) 10 of the Committee of Ministers of the Council of Europe, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the International Covenant on Civil and Political Rights. The specifics of inquiry organization in the legal systems of the USA, Canada, Germany, and Austria have been studied. The American model of police inquiry is analyzed, which is characterized by broad powers of law enforcement agencies to conduct operational and investigative measures while maintaining effective judicial control. The features of the Canadian criminal justice system are highlighted with its unique approach to the differentiation of offenses and procedural flexibility in investigating various categories of unlawful acts. The specifics of German inquiry are revealed through the prism of interaction between the prosecutor’s office and police, where the prosecutor acts as the head of pre-trial investigation. The characteristic features of the Austrian model of inquiry, built on the principles of efficiency and procedural economy, are determined. Special attention is paid to the protection of victims’ rights in accordance with Directive 2012/29/EU, which establishes a comprehensive approach to ensuring the rights of criminal offense victims. Based on the research results, proposals have been formulated to improve the domestic institution of inquiry through the introduction of flexible procedural mechanisms, strengthening the role of prosecutorial supervision, and expanding the procedural independence of inquiry bodies. The necessity of further improvement of Ukraine’s procedural legislation through the introduction of new procedures to reduce case processing time, increase the professionalization of law enforcement agencies, and develop an effective system of victims’ rights protection following the example of leading democratic states has been substantiated. The conclusion is made about the expediency of a balanced combination of national legal traditions with the best practices of foreign countries for building an effective model of inquiry in the context of European integration processes.