The concept of “disclosure of materials” in the criminal procedure of Ukraine

In the article, the author, taking into account the lexical meaning of certain concepts, analyzing the provisions of criminal procedure legislation, doctrinal sources, and practice of the Supreme Court, formulates the definition of the term “disclosure” in the criminal procedure of Ukraine. In order to define this concept, the author lists the forms of completion of the pre-trial investigation, the implementation of which, according to the CPC of Ukraine, involves the procedure of disclosure at the stage of completion of the pre-trial investigation, and at the same time agrees with the position of scholars and practitioners that, despite the absence of a direct indication in the law, when a motion to release a person from criminal liability is submitted to the court, there is a need to carry out the procedure of discovery under Article 290 of the CPC of Ukraine. The publication also focuses on the essence of the concept of “materials” subject to the disclosure procedure and the correlation of this concept with other related categories, taking into account the practice of the Supreme Court, scientific research, and legislative wording. The author touches upon the issue of subjects who, in accordance with the criminal procedural legislation, carry out disclosure (make a decision to open and execute this decision) and to whom the materials should be opened. In this regard, the article states that, given the content of Article 290 of the CPC of Ukraine, despite the title of this Article, it refers to the disclosure of materials not only to the other party, but also to some other participants in criminal proceedings. Therefore, the publication notes that Article 290 of the CPC of Ukraine would be more accurately called “ disclosure of materials”. The author outlines the context in which “familiarization with materials”, “access to materials”, “disclosure of materials”, as well as their derivatives are used in criminal proceedings, and determines the relationship between them. The publication emphasizes that the criminal procedural law often uses these concepts in conjunction and in combination. At the same time, the legislator is not always consistent in determining the relationship between them. Quite often, these concepts are perceived and used as synonymous, which is incorrect when interpreting the provisions of the CPC of Ukraine in a comprehensive manner. The article concludes with the author’s own definition of the concept of “ “disclosure of materials” in the criminal procedure of Ukraine.