THE CONCEPT AND ESSENCE OF INVESTIGATION IN CRIMINAL PROCEEDINGS

Abstract

The scientific article is devoted to the study of the concept and essence of investigation in criminal proceedings. It is noted that the optimal distribution of the workload between the investigative units of the relevant bodies, the effectiveness of criminal proceedings, and the protection of the rights, freedoms, and legitimate interests of participants in criminal proceedings depend on the quality of the legal norms regulating the investigation in criminal proceedings. It is found that the general task of investigation is to ensure the right of a person to an effective investigation and, as a result, to ensure the right of a person to a fair trial. The purpose of the institution of investigation in criminal proceedings can be characterized as the distribution of criminal cases according to clearly defined criteria; avoiding disputes between investigative bodies regarding the distribution of criminal cases, etc. It is emphasized that a violation of the rules of investigation by a prosecutor, that is, the determination of the subject of investigation contrary to the requirements of the law, will not always indicate the ineffectiveness of the investigation. We admit that in some cases, conducting an investigation by an investigative unit at the direction of the prosecutor (contrary to the requirements of the law) may be more effective and optimal (i.e. with the least expenditure of procedural resources). Determining subjectivity (for various reasons) contrary to the requirements of the criminal procedural law does not always indicate that all evidence obtained as a result of the investigation should be considered inadmissible. In each case, it is necessary to find out: how the conduct of pre-trial criminal proceedings by an authority whose competence it does not apply to, affected the admissibility of obtaining specific evidence. The thesis is supported that the decision to determine subjectivity should be accompanied by judicial control. That is, the participants in criminal proceedings should have the opportunity provided for by the criminal procedural law to appeal such a decision to the investigating judge.