Доказывание и принятие решений на стадии возбуждения уголовных дел об экономических преступлениях

Abstract

This article is devoted to the initial stage of criminal proceedings – the initiation of criminal proceedings on the grounds of an economic crime. This stage does not boil down to the formal act of issuing the relevant resolution, but includes the subject and procedures for proving the so-called pre-investigation check. Moreover, according to the current legislation, the appointment and production of forensic examinations, the selection of samples for a comparative study, etc. are legal during this period. Such verification may result in a system of evidence to make an informed criminal procedural decision to initiate a criminal case or evidence for a preventive response to signs of an economic crime. The authors focus on some debatable issues of the criminal procedural status of the leading subject of the criminal case – the investigator (interrogator). This raises the acute problem of the gap between the functions of proving and making criminal procedural decisions.