LEGAL REGULATION AND PRACTICE OF IMPLEMENTATION OF BRINGING AN ADDITIONAL CHARGE BY THE PROSECUTOR

In the article, based on analysis of domestic criminal procedural law, study case law materials, as well assessment doctrinal opinions, a research concerning bringing an additional charge by prosecutor is carried out. It argued that general precondition for approval such legal position higher level. concluded special conditions include: obtaining information during trial, indicates possible commission another offense accused, no pre-trial investigation was conducted regarding offense, and person not informed suspicion indictment in relation to it did go court, closely related original one their separate consideration impossible. substantiated close connection new with means components these offenses must have common features. said about offence, composition which related, may negatively affect comprehensiveness completeness circumstances proceedings verification evidence. Failure comply at least bring causes court refuse adjust scope trial. Attention drawn fallacy regulation charge, initiating against entity, using prosecutor’s discretionary powers. described Part 1 Art. 339 Criminal Procedure Code Ukraine, does "have right" this situation, but obliged apply reasoned request and/or initiation entity. The procedure indicate need file "another offense" into Unified Register Pretrial Investigations. A examination evidence, already examined before issued, out only if recognizes necessity. Instead, start representative entity This shows implementation principle economy. There re-examine evidence has been subject basis primary also charge. However, possibility remains. depends initiative (in prosecutor) entity), provided Bringing defined activity incriminate accused independent agreement level, receiving trial indicating conducted, sent features one.