LEGISLATIVE REGULATION OF THE INITIAL STAGE OF PRE-TRIAL INVESTIGATION

Abstract

The article provides a justification of the relevance of the issue related to the normative regulation of the procedure for acceptance by law enforcement agencies of statements and reports on criminal acts. The authors emphasize that the activities of law enforcement authorities at this stage of criminal proceedings are not fully regulated and require further research and justification of proposals for appropriate amendments to the provisions of the current CPC and departmental normative documents. The authors underline that despite the long development of this institute of criminal procedure, starting with the Statute of Criminal Procedure of 1864 and up to now, a number of issues regarding the procedure for its normative regulation remain relevant and need to be elaborated and resolved. It is mentioned that with the acceptance of the current CPC, the institution of acceptance of applications and reports of criminal acts, their review and decision-making on the necessity of pre-trial investigation has undergone significant changes. It is proved that criminal procedural activity begins from the moment of receipt of a claim or report of an illegal act by a law enforcement authority. Despite the limited time for making a decision, the investigator is obliged to check the claim or report. The entry of information into the Unified Register of Pre-trial Investigations cannot be considered a procedural decision, but is the result of its acceptance in the form of a relevant resolution. The decision on the necessity to investigate this fact should be made upon the existence of an appropriate cause and reasons and should be written in the form of a resolution. Proposals are suggested to clarify the wording of certain provisions of article 214 of the CPC and departmental normative documents. The decision to conduct a pre-trial investigation on the basis of personal belief based on the results of the assessment of the information received should be made by the investigator, who is personally responsible for this.