INTERACTION OF AN INVESTIGATOR WITH A SPECIALIST DURING THE PRE-TRIAL PROCEEDINGS

Abstract

The article is devoted to the study of the problematic aspects of the interaction of an investigator with a specialist during the pre-trial proceedings. The article analyzes the norms of the Ukrainian criminal procedural legislation. The latest changes related to the optimization of the specialist`s activities in the criminal proceedings, because of the military situation in Ukraine, were taken into account as well. The author highlights Art. 71, 72, 79, 80, 83, 99, 105, 168, 214, 228, 236, 237, 240, 241, 245, 245-1, 262, 266 of the Criminal Procedure Code of Ukraine, which regulates the participation of a specialist in the pre-trial proceedings. Based on the analysis of the scientists` opinions, the Criminal Procedure Code of Ukraine (hereinafter the CPC of Ukraine) and departmental regulatory legal acts (hereinafter the NPA), the author proposes his own definition of the interaction of an investigator with a specialist in the pre-trial proceedings. The author distinguishes procedural and non-procedural forms of interaction of an investigator with a specialist in the pre-trial proceedings. Procedural forms of interaction of an investigator with a specialist in the pre-trial proceedings are forms that follow from the norms of the criminal procedural legislation of Ukraine. Nonprocedural forms of interaction of an investigator with a specialist in the pre-trial proceedings are forms that follow from the departmental NPA. The author includes the following procedural forms of interaction of an investigator with a specialist in the pre-trial proceedings: when conducting an inspection of the scene of the incident before making an entry in the URPTI (unified register of pre-trial investigations); when conducting an inspection after making an entry in the URPTI; when presenting a person for identification; when conducting a search of a person’s home or other property.