Деякі питання регламентації початку досудового розслідування у кримінальному процесі України

2016 
It is indicated that the current Criminal Procedural Code of Ukraine contains a number of novels, one of which is the rejection of the institution of initiating criminal proceedings. However, analysis of the content of procedural norms of most post-Soviet countries that regulate the initiation of the pre-trial investigation indicates that most of them have a stage of initiation of a criminal case. Besides, they regulated in detail the procedure of pre-investigation check. It is noted that success of the investigation and court hearing of criminal offenses under the law of Ukraine on criminal liability depends on the stage of initiating criminal proceedings. Initiation of criminal proceedings in the domestic criminal procedure is a fundamentally new and starts from the moment of data entry on a criminal offense to the Unified Register of pre-trial investigations. A similar procedure is assumed to be in the legislation of Georgia and Kazakhstan. Opposite points of view of scholars are contained in the legal literature, who express their concerns regarding the current procedure of initiating pre-trial investigation. This is primaraly due to the fact that the Criminal Procedural Code of Ukraine does not provide the procedure for making procedural decision on its initiation. Besides a number of issues regarding: the form and content of the statement or report on committed criminal offense; taking all possible measures to prevent criminal offense or its termination; implementing security measures of the participants in criminal proceedings; features of procedural activities of some officials relating to the initiation of pre-trial investigation is not regulated.
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