It is practicable to gradually transform the phase of initiating a criminal case into the phase of the police inquiry phase

Introduction: the phase of initiating the criminal case is gradually transformed to the police inquiry. Its principal task is to define the suspect; the possibility of detention before initiating the criminal case is justified. Purpose: to justify the necessity to gradually transform the case initiation phase into the police inquiry phase. Methods: the methodological basis of this research is the total of different methods of the scientific research with the dialectical method as the leading one. In the article, the general scientific research methods (dialectics, analysis and synthesis, abstracting and specification) and private scientific methods (formal legal, comparative legal, technical legal) were used. Results: the author comes to the conclusion that introduction of Chapter 32-1 about the cut for of inquiry into the Russian Federation Criminal Procedural Code, including a new item into the Part 1 of Article 140 of the RF Criminal Procedural Code in 2010 about the cause for the criminal case initiation (regulation of the Prosecutor about sending the corresponding materials to the pretrial investigation authority for taking the decision of the criminal prosecution), in our opinion, means that the legislator gradually (but not always consistently) tries to transform the phase of the criminal case initiation into the police inquiry phase, i.e. the first phase of the criminal procedure which has been existing in the criminal law of the foreign countries for centuries, and did exist in the criminal procedure of the pre-revolutionary Russia. Its advantage is, as it was noted above, not in only defining the elements of crime but in defining the person who is a suspect in the crime. With no suspect, as a rule, the criminal case cannot be initiated and the criminal case procedures cannot be started.