Some aspects of determining the subject of a criminal procedural appeal in pre-trial proceedings

The article analyzes and elucidates approaches to resolving terminological ambiguities in the criminal procedure law, specifically concerning the definition of the subject matter of appeals during pre-trial proceedings. The author meticulously examines instances of misidentification of the subject matter of appeals in judicial practice, which have resulted in the infringement of the rights, freedoms, and legitimate interests of participants in criminal proceedings. Conclusions formulate the features of the subject matter of appeals in criminal proceedings based on an analysis of current judicial practice, including: the activities of authorized bodies conducting criminal prosecution; the procedural nature of the challenged actions (omissions) and decisions; actions (omissions) and decisions that may cause damage to the constitutional rights and freedoms of individuals or impede citizens’ access to justice; independence from the subject matter of the trial and the merits of the case; and a direct connection to the rights and interests of the appellant. Accurate identification of the subject matter of appeals increases the effectiveness of the appeal itself, which has a positive impact on the realization of legal rights by participants in criminal proceedings.