The adoption in 2012 of the Criminal Procedure Code outlined a range of issues that require urgent practical and, above all, theoretical solution. Thus, the question of changing the accusation in the court of first instance remains open, some issues of the institute are not sufficiently researched at present. The article deals with the definition of changing of the accusation in the first-instance court and with problematic issues that aligned with the changing of the accusation in the court by the prosecutor. Particularly, the author brings up an issue of which indictment should be used after the changing of accusation and after the remittitur or the remand of caseby the court of cassation: that, which was submitted to court after the end of the pre-trial investigation or changed. The author’s definition of the term “changing of accusation” and her own vision is proposed resolving issues that are being considered. On the basis of the research, the author advised on amendments to the current criminal procedure legislation. The lines of approach are also proposed in the article. In today’s conditions of development of a legal society, the refusal of the indictment and the development of statehood in Ukraine, the subject of the study is new, relevant, has great theoretical and practical significance.
Keywords: judicial examination, change of the accusation, indictment, prosecutor