Совершенствование обвинительного заключения как способ трансформации уголовного судопроизводства

Abstract

Introduction. The law enforcement practice indicates the increased importance of the correct preparation of an indictment since this procedural document allows us to formulate conclusions about the sufficiency of the collected evidence in the criminal case under consideration and assists the prosecutor in making appropriate decisions after reading this procedural document. At the same time, judicial control over the proper execution and drafting of the indictment and compliance with the limits of the charge are of particular importance. The purpose of the paper is to identify the problems with the structure and content of the indictment as a law enforcement act that completes the preliminary investigation of a criminal case. Methods. The methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are comparative legal, formal legal, analysis, and generalization. Results. The main problems directly relating to the content, form, and structure of the indictment, as well as the representation in it of the main circumstances of the crime and evidence, are considered. Conclusions. The indictment, as a special procedural act, has a complex procedural and legal structure and is subject to increased requirements in the process of implementing the concept and principles of adversarial criminal proceedings. This circumstance requires the systematization of all the main prescriptions that determine the optimal procedural model of the mechanism for drawing up an indictment, as well as predetermining all subsequent procedural actions and the consequences of drawing up and adopting the indictment.