The formation of modern approaches to determining the essence and content of the preliminary investigation stage

Автор: Kolosov N., Solovyova N.

Журнал: Legal Concept @legal-concept

Рубрика: Процессуальное право: вопросы теории и правоприменения

Статья в выпуске: 4 т.22, 2023 года.

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Introduction. In numerous works of modern scientists dealing with the forms of preliminary investigation, despite the sufficient elaboration and interest in the topic under consideration, there is no uniform interpretation of the signs of this stage, which significantly complicates the law enforcement activities of law enforcement officers and may jeopardize the observance of the procedural rights and freedoms of the suspect (accused) and the victim. The purpose of the study was to develop conceptual proposals for improving the criminal procedure legislation in terms of regulating the preliminary investigation in the system of stages of the criminal process. To achieve this goal, modern approaches are considered, ranging from defining a preliminary investigation as a stage of preliminary proceedings to recognizing its exclusivity. Research objectives. To characterize the current positions of scientists, processualists, and practitioners regarding the definition of the essence and content of the preliminary investigation as a stage of the criminal process and its forms as content filling, and to identify promising areas for improving the domestic legislation, including taking into account the experience of the development of the criminal procedure legislation of the post-Soviet states.

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Criminal proceedings, preliminary investigation, prejudicial inquiry, inquiry, collection of evidence, admissible evidence

Короткий адрес: https://sciup.org/149145036

IDR: 149145036   |   DOI: 10.15688/lc.jvolsu.2023.4.18

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