SOME PROBLEMATIC ISSUES OF CONDUCTING INVESTIGATIVE (INVESTIGATIVE) ACTIONS DURING THE INQUIRY

Abstract

The article is devoted to certain problematic issues of conducting investigative (inquiry) actions during the pre-trial investigation of criminal offenses – that is, the implementation of an inquiry. The authors, based on the analysis of the current legislation of Ukraine, as well as the scientific positions and opinions of scientists and researchers, determined the justification of a number of scientific and practical positions on certain features of the use of the institute of investigative (inquiry) actions in the implementation of the inquiry. It is proved the position that how much regulation of investigative (inquiry) actionsis the same as during the pre-trial investigation of crimes and criminal offenses, we consider separately such criteria of investigative (inquiry) actions as the grounds for conducting, fixing the course and results, evaluating the obtained factual data for compliance to be evidence as inappropriate. Also, the material proves that since the totality of the conditions provided for by the criminal procedural law, which give the investigator the right to carry out this or that investigative (investigative) action, forms legal grounds. It is also argued that any factual data that determine the need to identify, collect and verify evidence by conducting investigative (investigative) actions in order to establish the circumstances of the commission of a criminal offense form factual grounds. We additionally substantiate the position that procedural grounds are highlighted, which are the decisions set forth in the procedural act of law enforcement on the basis of factual data and based on the norm of the criminal procedural law (the preparation of a written procedural decision is not provided for all investigative (inquiry) actions. The prospect of further scientific research is the need to analyze the procedure for making procedural decisions during the pre-trial investigation of criminal offenses in order to determine the specifics of this process.