The use by the investigator of his own discretion as a guarantee of procedural independence

Purpose: To study the problem of forming the discretion of participants in criminal proceedings by the prosecution, to identify the main mechanisms that affect this process. Methodology: In the work on the research topic, the method of analysis of documents and legal texts, the formal legal method, the method of comparative analysis, the integrated approach method were used. Results: The article analyzes the problem of the formation by the investigator (interrogator) of his own discretion when making procedural decisions in a criminal case in progress, the formation of the concept of «discretion of the investigator» and the importance of this institution in ensuring the independence of the investigator. On identified issues, recommendations are given on improving the current legal system. Novelty/originality/value: The article has undoubted novelty and scientific value, as it is devoted to urgent problems of theory and practice of law enforcement in criminal proceedings. The provisions and conclusions contained in the work can be used in the course of further research, as well as in verifying the legality of decisions in specific criminal cases.