Scientific Journal of the National Academy of Internal Affairs

The vision of formation of the criminal procedure legislation of Ukraine on the pre-trial investigation in the absence of a suspect (in absentia) is elucidated on the basis of the analysis of development of the legislation and law enforcement practice. The purpose of the article is to study development of the criminal procedure legislation on the pre-trial investigation institute in the absence of a suspect (in absentia) since independence of Ukraine and determine the main provisions of legal regulation of the specified institute at different stages of development of the Ukrainian state. Methodology. The methodological tool was chosen taking into account the aim, specificity of the object and subject of the research. The scientific methods of the system analysis and generalization are decisive. The scientific novelty of the publication consists in the systematic analysis of development of the criminal procedure legislation in the absence of a suspect (in absentia) since independence of Ukraine at the stage of pre-trial investigation with the identification of positive innovations and problematic issues. The issue of initiation of the criminal proceeding in the absence of a suspect was considered by various scholars, mainly without separating it into the pre-trial investigation and trial stages. According to the results of the conducted research, the following conclusions were drawn up: 1) the criminal procedure legislation at the initial stage after Ukraine gained independence did not ensure the proper degree of execution of the tasks of criminal justice in the absence of a suspect, accused; 2) Ukraine has reformed its criminal procedure legislation in order to bring it into line with the standards of the European countries; 3) introduction of an institute of criminal proceeding in the absence of a suspect or accused (in absentia) was a positive and necessary step towards reforming the Ukrainian legislation; 4) the criminal proceeding, in the absence of a suspect or accused (in absentia), needs further reforming in order to bring it in conformity with the international treaties and practice of the European Court of Human Rights