MODIFICATION OF THE INITIAL LEGAL QUALIFICATION OF A CRIMINAL OFFENSE DURING PRE-TRIAL INVESTIGATION: PRACTICE AND LEGAL REGULATION

Abstract

The article examines a wide range of theoretical and practical issues related to the modification of the initial legal qualification of a criminal offense during the pre-trial investigation. Taking into account the peculiarities of Ukrainian criminal procedure legislation, the author emphasizes the difficulties that arise when establishing legally relevant facts and correlating them with specific provisions of the Criminal Code. It is argued that the dynamics of the investigation often necessitate clarification or modification of the qualification, since the initial formulation of the charges is frequently based on limited factual material. The paper analyzes the legal nature of the institution of re-qualification, the scope of discretion available to investigators and prosecutors, as well as judicial oversight of such decisions. Special attention is paid to the principles of legal certainty and adversarial procedure, given that unjustified or excessive changes in qualification may disrupt the balance between the prosecution and the defense. The article highlights the jurisprudence of the European Court of Human Rights regarding the individual’s right to be promptly and adequately informed of the nature and cause of the accusation, and explores its implications for Ukrainian criminal proceedings. At the same time, the study includes a review of domestic judicial practice, which demonstrates divergent approaches to assessing the legitimacy of changes in qualification at different stages of the investigation. The author suggests possible improvements in legislative regulation aimed at ensuring a balance between the effectiveness of criminal prosecution and the protection of individual rights. These include clearer procedural standards for notifying the accused of a change in qualification and stricter limits on the permissibility of such modifications. The conclusion is drawn that harmonizing Ukrainian legislation with European standards will reduce the risk of arbitrary decisions and enhance trust in the institution of pre-trial investigation as a safeguard of justice.