Historical and theoretical issues of implementation of pre-trial investigation provisions

Abstract

The article highlights the main definitions of pre-trial investigation with a view to solving and suppressing crimes by the competent authorities. It is comprehensively argued that the truth of criminal proceedings is manifested in the disclosure of a crime and ensuring that the perpetrators are brought to criminal liability. The author analyzes the main aspects of adoption of the agreement on cooperation between Ukraine and the Republic of Poland in criminal proceedings.

The article highlights the theoretical foundations of the pre-trial investigation stage of criminal proceedings, the issues of implementing the entry of relevant information into the Unified Register of Pre-trial Investigations, and describes the events when the first action is completed and the next action occurs.

The author has formed a stable opinion that the innovations introduced in pre-trial investigation are based on rapid response to crimes and their appropriate implementation in the course of crime investigation, which affects the recording of the crime in full. The author characterizes how the application of Article 214 of the Criminal Procedure Code of Ukraine affects the commencement of an investigation and reveals the legal basis for consolidation of legal acts regulating procedural actions.

The article contains the technology of filing a crime report. The author analyzes (notification) and provision of other information containing data on a criminal offense. The legal basis for the adoption of the agreement between Ukraine and the Republic of Poland on cooperation in recording crimes is revealed.

The article contains recommendations for improving the legislation and analyzes the current state of criminal proceedings in Ukraine, with regard to fulfillment of the tasks of criminal procedure and provides for protection of an individual, society and the State from criminal offenses, protection of rights, freedoms and legitimate interests of participants to criminal proceedings to ensure a prompt, complete and impartial pre-trial investigation. The author provides recommendations for the implementation of international provisions and means of verification at the initial stage of the basic information containing data on criminal offenses in order to identify the circumstances of the crime.