О причинах наделения органа дознания непроцессуальными полномочиями полицейского характера

Abstract

Introduction: the transformation of the pre-trial proceedings system predicted recently can be planned after a proper assessment of the available organizational and legal resources, a genuine understanding of their role and potential in solving various tasks of combating crime. In this regard, the purpose of the paper is to determine the essence of the bodies of inquiry in the general system of the criminal procedure regulation and to identify the reasons for their being given a number of police powers: to carry out the actual attachment of a person, to conduct operational investigative measures, in particular, the search for the accused. Methods: the methodological framework for the paper consists of general scientific (dialectical, systemic, structural-functional, logical, etc.) and specific scientific (formal-legal, comparativelegal, historical-legal, prognostic, etc.) research methods. The results of the study allow revealing the main reason that has influenced the mixing of procedural and non-procedural (police) powers of the bodies of inquiry – an inadequate assessment by the legislator of the results of the gradual giving the sort of police law enforcement agencies some judicial and investigative powers. Conclusions: investigative or judicial orders on carrying out operational-search and administrative-legal measures should be addressed not to the body of inquiry as a subject of the criminal procedural regulation, but to the police and other sort of police bodies given the required state authority.