REGULATION OF POWERS REGARDING THE INQUIRY IN CRIMINAL PROCEDURE

Abstract

The article deals with a comprehensive study of the regulation of the powers of the subjects of criminal proceedings who carry out inquiries. The paper considers the approaches expressed in the scientific literature to understand their essence and place in the system of subjects of criminal proceedings. The issue related to the method of determining the proceedings of the subjects authorized to carry out pretrial investigation of criminal offenses is considered. The authors reveal the peculiarities of the exercise of the powers of the coroner and police officers of other units of the National Police of Ukraine, which are authorized to carry out pre-trial investigation of criminal offenses. The coroner is a relatively new subject of criminal proceedings, the emergence of which is due to the introduction of the institution of criminal offenses. He has certain powers that allow him to conduct a pre-trial investigation of criminal offenses in the form of an inquiry. The article finds that despite some differences in the powers of the investigator and the coroner, there are similar features. These include the fact that both participants in the criminal proceedings are officials of bodies and units established by the CPC of Ukraine, although the list of officials authorized to conduct pre-trial investigation of criminal offenses and misdemeanors differs significantly. The authors consider it appropriate to make some changes to the national criminal procedure legislation, namely: Part 2 of Art. 39-1 of the CPC of Ukraine to supplement paragraph 6 as follows: "to carry out inquiries in criminal proceedings, using the powers of the investigator", in order to prevent confusion and facilitate the search for the necessary information on the official website of the Verkhovna Rada of Ukraine.