PRE-TRIAL INVESTIGATION: GENERAL PROVISIONS AND PROSPECTS FOR REFORM

Abstract

The article is devoted to the problems of pre-trial investigation theory and practice, its genesis and prospects for reform, analysis of legal norms that ensure guarantees and protection of human and civil rights and freedoms, the need for their theoretical understanding due to the insufficiency of scientific research on this problem. The main purpose of the study is a comprehensive development of scientific and methodological foundations: a) legal regulation of criminal procedure at the stage of pre-trial investigation; b) ensuring and improving the legal status of criminal procedure subjects; c) implementation of human and civil rights and freedoms guarantees. To achieve this purpose, the following scientific tasks were solved in the work: a) the current state of pre-trial investigation theory and practice concerning the securing human and civil rights and freedoms is revealed; b) the main functions of criminal procedure are studied, its subjects are classified; c) the legal status of inquiry, procedural features of its functioning during operational-search, search actions in the legal regulation of criminal procedure are marked, the legal status of the investigator is theoretically and practically designated; d) the design of pre-trial investigation is understood; e) the essence of the procedural form and its criteria in the course of legal regulation of criminal procedure are highlighted; f) the conceptual provisions of the initiation stage of a criminal case are considered; g) the procedural powers of the prosecutor and judge in exercising supervision and control over compliance with the law in criminal proceedings at the stage of pre-trial investigation are highlighted.