Problems of legal regulation of the authority of the court on the implementation of judicial control at primary production in criminal case

The article discusses the contradictions and gaps in the legal regulation of the institution of judicial control in pre-trial proceedings. The author draws attention to the gap of Part 2 of Art. 29, 165 Code of Criminal Procedure and proposes to replace the term "investigative action" in Art. 165 of the Code of Criminal Procedure on the “procedural action”, add Part 1 of Art. 165 Code of Criminal Procedure indicating n. 10.2 h. 2 Article. 29 of the Code of Criminal Procedure, to distribute the procedure for judicial authorization under Art. 165 Code of Criminal Procedure for the exhumation of a corpse. At the same time, relatives who object to the exhumation should be notified of the place and time of the court hearing. The analysis of court decisions showed that the lack of a procedure for obtaining a court decision on exhumations established by law leads to the formation of conflicting court practice.