Inquiry as a form of pre-trial investigation: challenging issues of reform at the present stage

Abstract

The article examines the problematic issues of inquiry as a form of pretrial investigation of criminal misdemeanors, the peculiarities of inquiry by units of the National Police of Ukraine. It was determined that the inquiry as a form of pre-trial investigation consists in the accelerated implementation of procedural activities by authorized subjects regarding the investigation of criminal offenses provided for by law at the stage of pre-trial investigation, while the inquiry is carried out in full with the involvement of all organizational and procedural resources within the limits defined by the legislation of Ukraine in order to fulfill the tasks of criminal proceedings. On the basis of the conducted research, the inconsistency of the current criminal procedural legislation in the part of the regulation of the pre-trial investigation of criminal misdemeanors, which consists in the uncertainty of the sources of evidence, the procedure for conducting separate investigative (investigative), secret investigative (investigative) and other procedural actions, as well as the procedural procedure for the application of security measures, has been established criminal proceedings during the investigation. The judicial practice regarding the application of criminal procedural legislation in the part of the regulation of the order of seizure of confiscated property during the pre-trial investigation of criminal misdemeanors was analyzed, changes to the legislation were proposed in view of the needs of practice, which consist in making appropriate changes to the Criminal Procedure Code of Ukraine. The resolution of the considered problematic issues during the investigation will contribute to the fulfillment of the tasks of criminal proceedings and the protection of the rights and legitimate interests of the participants in criminal proceedings during the pre-trial investigation of criminal misdemeanors