On the issue of the concept, essence and purpose of the investigatory examination: historical, legal and theoretical aspects

The purpose of research is to reveal the peculiarities of the legal understanding of examination as an investigatory action, taking into account the etymology, history and theory of law, as well as to study the influence of this on the formation of a modern approach to understanding the examination as an independent investigatory action, which is one of the main ones in the process of preliminary investigation in criminal cases. Research objectives: to study the peculiarities of the legal understanding of examination as a procedural action carried out within the crimes investigation framework throughout the history of its development; to determine its essence and significance at different stages of the historical development of legislation regulating examination in the framework of criminal proceedings; to analyze the features of examination as an investigatory action in the context of its historical and legal study for a better understanding at the present stage. Subject of research: the norms of Russian law, historically regulating the issues of the concept, essence and procedure of interrogation as an investigatory action. Research methods are analysis, synthesis, induction, sociological, abstraction, theoretical modeling, etc. Research gives the analysis of the legislative framework of pre-revolutionary, post-revolutionary and currentlegislation, which shows that the main collection of information about a committed crime occurs through the examination. The investigatory examination is pointed out to be the most important investigatory action, the results of which are reflected in the examination protocols being subsequent evidence in criminal cases. Meanwhile, a significant gap in the criminal procedural legislation lies in the absence of the concept of examination as such, which allows investigators and persons conducting inquest, in practice, to replace investigatory actions, which is inadmissible. The conclusions drawn from the research results are of theoretical significance, as well as of a practice-oriented nature and can be useful to persons who study the norms of criminal procedure legislation regulating the conduct of investigatory actions.