Improving the Regulatory Framework for the Shortened Inquiry: Proposals and Prospects for Reform

The article is devoted to a comprehensive analysis of the institution of inquiry in an abbreviated form, introduced by Chapter 32.1 of the Code of Criminal Procedure of the Russian Federation, and the identification of regulatory and practical problems of its functioning. Based on formal legal, systemic and comparative legal methods, the conceptual contradictions of the simplified procedure are investigated, including the uncertainty of its legal nature, the dependence of the application on the initial qualification, the excessive possibility of rejection by the parties, the controversial role of the victim and the lack of evidence. Particular attention is paid to the defects of Article 226.5 of the Criminal Procedure Code of the Russian Federation, which allows non-verifi cation of evidence and violates the principle of presumption of innocence. The paper proposes specifi c amendments, including the introduction of part 1.1 of Article 226.5 and the deletion of paragraph 1 of Part 3, which will ensure reasonable sufficiency of evidence and increase the stability of the simplified form of investigation. The conclusion is made about the need for a comprehensive modernization of the institute in order to achieve a balance of efficiency and procedural guarantees.