Prerequisites for Optimizing the Competencies of Subjects Carrying Out Criminal Pre-Trial Proceedings

Abstract

The author studies the establishment and development of Russian pre-trial proceedings in the pre-revolutionary time and later periods. Using the analysis of normative legal acts and opinions of scholars of criminal process, the author presents a vision of Russian pre-trial proceedings, which are carried out in two forms: preliminary investigation and inquiry. The essence of each form is presented and certain similarities between them are established. The analysis of changes in Russian criminal procedure legislation made it possible to identify time periods when steps were taken to blur the boundaries between investigation and inquiry. This could be viewed as an attempt for a gradual reorganization of preliminary investigation bodies into inquiry bodies. It is established that the post-revolutionary reforms of the law enforcement system led to the abolition of the bodies of preliminary investigation and the implementation of a new approach to pre-trial proceedings when investigation was carried out by separate unrelated bodies. The author draws attention to the fact that criminal procedural order of the inquiry became a vital feature of conducting it. It is concluded that, currently, the bodies of inquiry and investigation have equal powers at the stage of preliminary investigation, and there is no balanced correlation of competences between the investigation and the inquiry; at present, these forms of preliminary investigation compete with each other, which has a negative effect on the implementation of criminal procedure competence of subjects carrying out criminal pre-trial proceedings.