Parts 1 and 2 of Article 309 of the Criminal Procedure of the investigating judge that may be appealed during the pre-trial investigation.
In accordance with Part 3 of Article 392 of the Criminal Procedure Code of Ukraine, the rulings of the investigating judge may be appealed in cases provided for by the Criminal Procedure Code of Ukraine.
Analyzing the practice of the Supreme Court on the issue of the correct special database application of the norms of criminal procedural law contained in Article 309, Part 4 of Article 399 of the Criminal Procedure Code of Ukraine, we can conclude that the list of decisions specified in Article 309 of the Criminal Procedure Code is not subject to expanded interpretation.
Accordingly, the ruling of the investigating judge on the full or partial cancellation of the seizure of property, issued in accordance with the rules of Article 174 of the Criminal Procedure Code of Ukraine, is not subject to appeal in terms of the provisions of Article 309 of the Criminal Procedure Code.
This conclusion was formulated in the resolution of the joint chamber of the Supreme Court of Criminal Procedure dated February 19, 2019 in case No. 569/17036/18 (proceedings No. 51-598кмо19), which states that in accordance with Clause 9, Part 1, Article 309 of the Code of Criminal Procedure of Ukraine, during the pre-trial investigation, the rulings of the investigating judge on the seizure of property or the refusal to do so, that is, court decisions that were issued in accordance with Article 173 of the Code of Criminal Procedure of Ukraine, may be appealed.
Code of Ukraine provide an exhaustive list of decisions
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