ОСОБЛИВОСТІ ПРАВОВОГО РЕГУЛЮВАННЯ ПОЧАТКУ ДОСУДОВОГО РОЗСЛІДУВАННЯ В УМОВАХ... НАДЗВИЧАЙНИХ ПРАВОВИХ РЕЖИМІВ

Abstract

The article is devoted to the study of issues of legal regulation of the initiation of pre-trial investigation in conditions of extraordinary and martial law. The purpose of this article is to study the peculiarities of legal regulation and problematic issues of starting a pre-trial investigation in the conditions of the legal regime of the state of emergency and martial law. The author investigated the peculiarities of legal regulation and the procedural form of the initiation of a pre-trial investigation in the conditions of extraordinary legal regimes (the legal regime of the state of emergency and martial law). It was established that the «general» normative regulation of the beginning of pre-trial investigation has a number of shortcomings and does not always in line with the recommendations of forensic tactics. At the same time, the «special» normative regulation does not solve these problems and, as the author demonstrates, creates new ones, not contributing to the prompt resolution of the tasks of criminal proceedings at the beginning of the pre-trial investigation. The author notes that the principle of «publicity» defined in the criminal procedural law cannot and should not be an obstacle to waiving formalized requirements and taking into account the interests of the pre-trial investigation, especially considering the security situation at the beginning of the pre-trial investigation. It is proposed to conduct further studies, the tasks of which are: analysis of typical tactical situations in which an authorized official finds himself, having received information that may indicate the commission of a criminal offense in the event that the scene of the incident and/or the victim, and/or most of the witnesses are in the territory, in which the extraordinary legal regime is in effect and there are real threats of losing the opportunity to obtain evidence; studying the expediency in such cases of expanding the list of investigative (search) actions that can be carried out before the «official» start of the pre-trial investigation and clarifying what exactly these investigative (search) actions can be.