Decision or petition: legal nature of the decision to initiate an application to the court for conducting an investigative action

The article examines the legal nature of the investigator’s order to institute petitions for investigative actions before the court. The author poses the question whether such decision is a real decision of the investigator by its legal nature. A comparative characteristic of the signs of the decision and the petition in criminal proceedings is presented, as a result of which the author concluded that the decision to initiate a petition before the court combines meaningfully disparate categories of petition and decision, in which the petition, in essence, is in the form of a resolution (decision). The study has concluded that it was necessary to amend the Code of Criminal Procedure, proposed solutions to the problem by refusing to file a request for an investigative action in the form of a decree to institute it.