The issue of investigative inspection: problems of theory and practice

Introduction. Every criminal case provides for the production of investigative actions, therefore, it can be said that investigative actions are an integral part of absolutely any criminal case. The only exception is that some types of investigative actions are provided for each criminal case, and some may not be performed at all. Investigative actions are the core of the activity of preliminary investigation bodies, as they serve as the most important source of evidence in a criminal case. By analysing the current criminal procedural legislation and comparing it with the realities of practical activities in the investigation of crimes, a number of significant gaps, inaccuracies and contradictions have been identified. Materials and Methods. The normative basis of the study is formed by the Constitution of the Russian Federation, criminal procedure legislation regulating the goals, grounds and procedure for conducting investigative actions. The methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, as well as the methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. The Results of the Study. The conducted study showed that to date the Criminal Procedure Code of the Russian Federation does not contain a definition of the concept of "investigative actions". At the same time, imperfections in the legislative regulation of legal norms providing for the grounds, goals and procedure for conducting an investigative action - inspection were revealed. Findings and Conclusions: 1. In order to avoid ambiguous interpretation, the Criminal Procedure Code of the Russian Federation should contain clear formulations that reveal the essence of the concept of "investigative actions", and specific grounds and a clear procedure for each specific investigative action should be determined. 2. Adjustment of the concept and procedure for conducting an inspection will avoid ambiguous understanding of the procedure for its conduct, and the possibility of recognizing the protocol of such an investigative action as inadmissible evidence will be excluded. 3. The following interpretation of the definition of the concept of "inspection of the scene of the crime" is proposed: this is an urgent investigative action carried out after receiving a report of a crime, consisting of examining territories, premises, including residential and other objects by observing and conducting search activities in order to detect and seize traces, objects, documents, other objects, persons involved in the commission of the crime and against whom the crime was committed and recording the results and the situation in the relevant protocol. 4. In order to resolve problematic issues related to the "substitution" of investigative actions during the inspection of the scene of the crime, it is necessary to make additions to Article 177 of the Criminal Procedure Code of the Russian Federation with the following content: "During the inspection of the scene of the crime before the initiation of a criminal case, the applicant and other interested persons have the right to be present and give explanations about the situation, the location of objects, documents and other objects that are important for the criminal case.