CURRENT ISSUES OF PRE-TRIAL INVESTIGATION IN CRIMINAL PROCEEDINGS REGARDING MISSING PERSONS UNDER MATERIAL LAW

Abstract

The article is devoted to the investigation of urgent problems of pre-trial investigation in criminal proceedings on the facts of missing persons under martial law. It is noted that the current search model is characterized by a fundamental systemic collision, where the criminal procedural mechanism is used for other purposes. The views of scientists and the analysis of regulatory acts regulating the status of missing persons and the procedure for genomic registration are presented in order to identify the causes of procedural traps. It has been established that the registration of proceedings under Article 115 of the Criminal Code of Ukraine is often carried out solely for the purpose of obtaining a procedural basis for the selection of biological samples from relatives, which creates an artificial load on the investigative bodies. Attention is drawn to the fact that such a practice leads to the accumulation of thousands of formal proceedings that have no investigation prospects, but require the investigator to perform procedural actions. The shortcomings of preventive accounting systems were investigated, in particular, the lack of systemic collection of DNA from military personnel and the imperfections of alternative identification databases (ADIS, dental maps). It is proposed to introduce an administrative (non-procedural) procedure for the collection of DNA samples in order to separate the humanitarian and criminal tracks, which will allow to unload the pre-trial investigation bodies and increase the efficiency of the search.