Procedural aspects of inquiry as forms of pre-trial investigation

  • Iu.V. Hutsuliak
Keywords: inquiry; criminal proceedings; criminal misdemeanor; simplified procedure of pre-trial investigation.

Abstract

The article summarizes approaches to the interpretation of procedural aspects of inquiry as a form of simplified pre-trial investigation of criminal misdemeanors based on the analysis of the scientific views of scientists, as well as the legislation of Ukraine.
The general legal grounds for pre-trial investigation of criminal misdemeanors by investigative units of Ukraine are characterized. It was established that the need to introduce inquiry as a simplified form of pre-trial investigation is caused by the significant workload of investigative bodies of pre-trial investigation with criminal proceedings for minor crimes. It was noted that the level of security of the rights and freedoms of the participants in criminal proceedings depends on the proper organization of the investigation bodies.
Based on the analysis of scientific sources, it was determined that the simplification of criminal proceedings can lead to the violation of the rights of a person who has committed a criminal offense and the abuse of their powers by law enforcement agencies, which requires a deep doctrinal and systemic analysis of the introduction of the institution of inquiry in the current Criminal Procedure Code of Ukraine and a rethinking of its compliance with the principle of the rule of law and principles of justice.
The author of the article pointed out the problematic issues of applying the norms of the current legislation during the inquiry process, which arise when a person is notified of suspicion of committing a criminal offense, the detention of a person, determination of the terms of inquiry and their extension. Such regulation of legal relations during pre-trial investigation, in which the investigation of criminal offenses is carried out, complicates the understanding and application of these norms, because it leads to a misunderstanding of the general period of inquiry in the absence of a suspect, which, in turn, will lead to a misunderstanding in the application of this norm in practice. On the basis of the outlined problematic aspects, proposals were made to improve the procedural order of conducting a pre-trial investigation in the form of an inquiry.

Published
2023-09-14
Section
Public law. Policy in the field of fighting crime