EXAMINATION OF A CORPSE ASSOCIATED WITH THE EXHUMATION DURING PRE-TRIAL INVESTIGATION

The article deals with the issues of legal regulation exhumation a human corpse and reveals procedure for conducting an examination related to during pre-trial (preliminary) investigation, provided by current legislation Ukraine. author draws attention existing problems in modern investigative practice associated suggests ways solve these problems. It is noted that one most complex (detective) actions since it consists several successive stages (initiation, adoption execution prosecution decision conduct it; taking measures address on execution; direct implementation this decision, etc.), each which also structured according certain organizational, procedural, tactical forensic criteria other aspects activity. significant shortcomings Criminal Procedure Code Ukraine 2012 examining exhumation. Errors investigator choosing type corpse, as well violation established law penetration into tomb (crypt), are private property, without consent owner or determination investigating judge (court), may subsequently lead recognition court inadmissibility using results action evidence. proposes In particular, proposed decision-making mechanism determine place close relatives family members deceased order guarantee their right respect life, accordance Article 8 Convention Protection Human Rights Fundamental Freedoms, should not depend entirely discretion investigation bodies prosecutor’s office. This provision does meet requirements international standards, European Court case Solska Rybicka v. Poland (Solska Poland, nos. 30491/17 31083/17, 20 September 2018). early introduction amendments 239 will bring national closer standards. Key words: (search) action, inspection body identification, examination.