Problems of normative regulation of procedural means of cognitive activity of the investigator

Abstract

The article examines the cognitive orientation of investigative activity during pre-trial proceedings. It emphasizes that cognitive activity in the process of disclosing and investigating a criminal offense is determined by the provisions of the current Criminal Procedure Code of Ukraine, procedural means primarily aimed at understanding the circumstances to be established. Undoubtedly, these means should contribute to obtaining new knowledge about circumstances relevant to criminal proceedings, but in accordance with Part 8 of Article 223 and Part 5 of Article 280 of the Criminal Procedure Code of Ukraine, if pre-trial investigation is completed, the terms have expired, or it has been suspended, the investigator's activity related to understanding past events ceases due to the prohibition on conducting investigative (search) actions. However, investigative (search) actions also include measures to ensure criminal proceedings, such as detention, temporary access to items and documents, temporary seizure of property, and property arrest. However, since the regulatory framework for investigative (search) actions and measures to ensure criminal proceedings remains vague, the question arises about the possibility or impossibility of using these measures outside the deadlines of pre-trial investigation to obtain evidence in criminal proceedings without violating the general principles of criminal proceedings (primacy of law, legality, reasonableness of deadlines). Based on this, it is suggested that the cognitive nature of some measures to ensure criminal proceedings reflects the imperfection of the regulatory distinction between investigative (search) actions and measures to ensure criminal proceedings, considering their general definition in the norms of criminal procedural law. Finally, the question is raised about the investigator's ability to obtain information about the circumstances of committing a criminal offense through measures to ensure in a suspended criminal proceeding.