STRUCTURING OF PRE-TRIAL INVESTIGATION: PROCEDURAL AND FORENSIC ASPECTS

Abstract

The article analyzes the norms of the current criminal procedural legislation on the structuring of criminal proceedings using a systematic approach. It is noted that the legislator divided criminal proceedings into two main interconnected stages – pre-trial investigation and judicial proceedings. At the same time, in the structure of judicial proceedings, the legislator distinguished: 1) criminal proceedings in the court of first instance, which consists of preparatory judicial proceedings, judicial review and adoption and pronouncement of a judicial decision; 2) proceedings for the review of judicial decisions in the appellate and cassation procedure; 3) proceedings for the review of judicial decisions under new or exceptional circumstances. However, in the pre-trial investigation, the legislator did not highlight its formalized parts, but only indicated its beginning and end. In this regard, arguments are presented regarding the need to structure pre-trial investigation in the sciences of criminal procedure and forensics, which will allow to increase the efficiency of performing the tasks of criminal proceedings. In solving the problem of structuring the pre-trial investigation, the procedural and forensic aspects are distinguished. It is noted that in forensics, the issue of structuring arises in connection with the development of methods for investigating certain types of criminal offenses, where the concept of stages of investigation is used. The forensic aspect reflects the structuring of cognitive activity, which is associated with the conduct of investigative (search) actions. The procedural aspect is much broader and includes the regulation of legal relations between participants in criminal proceedings both during investigative actions and when making other procedural decisions. It is noted that in the ratio of these aspects, the priority role belongs to procedural decisions. Therefore, in forensic investigation methods, stages of informational and cognitive activity are distinguished, which are based on intermediate procedural decisions that significantly affect the nature of the tactical tasks of the pre-trial investigation: initial, subsequent, final.